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HB99 Alabama 2012 Session

Updated Jul 25, 2021

Summary

Session
Regular Session 2012
Title
Impersonating state or local official or law enforcement officer, false assertion of authority, acting as a judge or other official with authority to adjudicate disputes, and falsely asserting authority of law to intimidate, harass, threaten, or hinder a state or local official or law enforcement officer, crimes established, penalties, Sec. 13A-10-132 added
Description

Existing law does not provide for a specific crime relating to the impersonation of an official or law enforcement officer or the false assertion of authority related to sham legal process, or process that is not lawfully issued by a court or other authority.

This bill would make it a crime to impersonate a state or local official or employee or a law enforcement officer in connection with sham legal process.

This bill would make it a crime to falsely assert authority of state law in connection with sham legal process.

This bill would make it a crime to act, without authority, as a judge, magistrate, hearing officer, juror, clerk of court, or any other official with the authority to adjudicate the rights or interests of another, or to sign a document in this capacity as if authorized by state law.

This bill would make it a crime to falsely assert authority of law in an attempt to intimidate or hinder a state or local official or employee or a law enforcement officer in the discharge of official duties by means of threats, harassment, physical abuse, or the use of sham legal process.

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.

Subjects
Crimes and Offenses

Bill Actions

Delivered to Governor at 11:45 a. m. on May 9, 2012.

Assigned Act No. 2012-382.

Clerk of the House Certification

Signature Requested

Enrolled

Passed Second House

Motion to Read a Third Time and Pass adopted Roll Call 1141

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the Senate committee on Judiciary

Motion to Read a Third Time and Pass adopted Roll Call 407

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the House of Representatives committee on Judiciary

Bill Text

Votes

Documents

Source: Alabama Legislature