HB99 Alabama 2012 Session

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

Relating to crimes and offenses; to add Section 13A-10-132 to the Code of Alabama 1975, to make it a crime to impersonate a public servant or a peace officer in connection with sham legal process; to make it a crime to falsely assert the authority of state law in connection with sham legal process; to make it a crime to act, without authority, as a judge, magistrate, hearing officer, or any other authority with the authority to adjudicate the rights or interests of another, or to sign a document in this capacity as if it were authorized by state law; and in connection therewith would 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.