HB279 Alabama 2011 Session

Summary

Primary Sponsor

Randy Davis

Republican

Co-Sponsors

Harry ShiverJoe FaustSteve McMillan

Session

Regular Session 2011

Title

Harrassing communication, crime of, lewd or obscene language, crime made a Class C felony if defendant 25 or over and victim 15 or under, Sec. 13A-11-8 am'd.

Description

Under existing law, a person commits the crime of harassing communication if the person with intent to harass another person telephones the person with lewd or obscene language. Harassing communication is a Class C misdemeanor.

This bill would provide that a person who commits the crime of harassing communication as described above would be guilty of a Class C felony if the defendant is 25 years of age or older and the victim is a child 15 years of age or younger.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Crimes and Offenses