SB235 Alabama 2012 Session

Summary

Primary Sponsor

Ben H. Brooks

Republican

Session

Regular Session 2012

Title

Home invasion, crimes established, penalties, Alabama Home Invasion Act of 2012

Description

This bill would establish the crime of home invasion if a person enters an occupied dwelling with intent to use force or violence on another person or to commit a theft from the dwelling or to vandalize, deface, or damage the property of another. The crime of home invasion would be a Class A felony which would not be subject to probation, parole, or a suspended sentence.

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