SB22 Alabama 2012 Session

Summary

Primary Sponsor

Clay Scofield

Republican

Session

Regular Session 2012

Title

Capital offenses, murder of a person with a protection order issued against the defendant, included, Sec. 13A-5-40 am'd.

Description

Under existing law, it is not a capital offense if a defendant murders a person who had a protection order issued against the defendant.

This bill would make it a capital offense for a defendant to murder a person who had a protection order issued against the defendant.

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