HB39 Alabama 2013 Session

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.

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.

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.

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.