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HB415 Alabama 2013 Session

Updated Jul 24, 2021
HB415 Alabama 2013 Session
House Bill
Expired
Current Status
Regular Session 2013
Session
1
Sponsor

Summary

Session
Regular Session 2013
Title
Crimes, felonies, mandatory minimum sentences when committed while wearing a bullet proof vest or other body armor, Sec. 13A-5-6 am'd.
Description

Under existing law, a defendant convicted of a Class A felony in which a firearm or deadly weapon was used or a defendant convicted of a Class A felony criminal sex offense is required to be sentenced to not less than 20 years in prison and a defendant convicted of a Class B or C felony in which a firearm or deadly weapon was used or a defendant convicted of a Class B felony criminal sex offense is required to be sentenced to not less than 10 years in prison.

This bill would provide that the same mandatory minimum sentences if a convicted defendant was wearing a bulletproof vest, body armor, or any other ballistic protection at the time of commission of the crime.

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

S

Judiciary first Amendment Offered

S

Pending third reading on day 25 Favorable from Judiciary with 1 amendment

S

Read for the second time and placed on the calendar 1 amendment

S

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

H

Engrossed

H

Motion to Read a Third Time and Pass adopted Roll Call 286

H

Motion to Adopt adopted Roll Call 285

H

England Amendment Offered

H

Motion to Adopt adopted Roll Call 284

H

Judiciary Amendment Offered

H

Third Reading Passed

H

Read for the second time and placed on the calendar 1 amendment

H

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

Bill Text

Votes

Motion to Read a Third Time and Pass

April 4, 2013 House Passed
Yes 93
No 1
Abstained 1
Absent 8

Motion to Adopt

April 4, 2013 House Passed
Yes 93
Abstained 1
Absent 9

Documents

Source: Alabama Legislature