HB98 Alabama 2012 Session
In Committee
Bill Summary
Sponsors
Session
Regular Session 2012
Title
Burglary in the second degree, requirement that dwelling-house be lawfully occupied, removed, Sec. 13A-7-6 am'd.
Description
<p class="bill_description"> Under existing law, a person commits
burglary in the second degree if the person
unlawfully enter a lawfully occupied dwelling-house
with intent to commit a theft or felony therein</p><p class="bill_description">
This bill would remove the requirement that
a dwelling-house be lawfully occupied in order for
a burglary in the second degree to occur and would
specify that the burglary of a livable dwelling
would constitute burglary in the second degree</p><p class="bill_description">
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</p><p class="bill_description">
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</p><p class="bill_entitled_an_act"> To amend Section 13A-7-6 of the Code of Alabama
1975, relating to burglary in the second degree; to further
define the offense to include burglary of a livable
dwelling-house; and in connection therewith to have as its
purpose or effect the requirement of a new or increased
expenditure of local funds within the meaning of 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.
</p>
Subjects
Crimes and Offenses
Bill Actions
| Action Date | Chamber | Action |
|---|---|---|
| May 9, 2012 | Indefinitely Postponed | |
| March 1, 2012 | Read for the second time and placed on the calendar | |
| February 7, 2012 | Read for the first time and referred to the House of Representatives committee on Judiciary |
Bill Text
Bill Documents
| Type | Link |
|---|---|
| Bill Text | HB98 Alabama 2012 Session - Introduced |