SB146 Alabama 2011 Session

Summary

Primary Sponsor

Tammy Irons

Democrat

Co-Sponsors

William “Bill” M. BeasleyRodger SmithermanRoger Bedford, Jr.Priscilla DunnJerry L. Fielding

Session

Regular Session 2011

Title

Judicial system officer or employee, threatening harm or violence against, crime established, death penalty, Secs. 13A-5-40, 13A-5-49 am'd.

Summary

SB146 creates a new crime of threatening a judicial system officer or employee or their immediate family, expands penalties and capital-punishment rules tied to such threats, and notes local-funding implications under Amendment 621.

What This Bill Does

Creates the crime of threatening a judicial system officer or employee or their immediate family and defines who counts as a 'judicial system officer or employee' and an 'immediate family member'. Threats are punished as a Class C felony; if the threat involves physical contact or the use, display, or brandishing of a deadly weapon, it is a Class B felony with additional penalties. The death penalty can be used for murder that occurs during the commission of, or attempted commission of, threatening harm or violence against a judicial system officer or employee. The bill adds threatening as an aggravating factor for capital offenses and updates the capital-offense statutes to include murders of judicial system officers or their immediate family in related circumstances; it also changes related punishment provisions.

Who It Affects

• Judicial system officers or employees and their immediate family, who may be protected from threats or harmed in the crime.
• People who threaten such officers or their families, who would face new criminal penalties (Class C or Class B felonies, and possible death penalty).
• Local governments and taxpayers, due to local-funding implications under Amendment 621 (with exceptions that may avoid needing local approval).
• Law enforcement, prosecutors, and courts, because of updated capital-offense definitions and aggravating factors.

Key Provisions

• Define immediate family member and judicial system officer or employee for purposes of the crime.
• Make threatening a judicial system officer or employee or their immediate family a Class C felony; enhance to Class B felony if there is physical contact or deadly-weapon use in the threat, with extra penalties.
• Allow the death penalty for murder committed during the act of threatening such officers or their families or during an attempt to threaten them.
• Add the threat against a judicial system officer or employee as an aggravating circumstance in capital offenses (and include related life- or death-penalty provisions).
• Amend Sections 13A-5-40 and 13A-5-49 to include these offenses and aggravating circumstances, expanding capital-offense definitions.
• Constitutional Amendment 621 interaction: the bill would involve new or increased local expenditures, but is stated to avoid requiring local approval or a 2/3 vote due to specified exceptions, and it becomes effective after governor approval (first day of the third month following passage).

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses