HB29 Alabama 2014 Session

Summary

Primary Sponsor

Randy Wood Representative

Republican

Session

Regular Session 2014

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 and make certain conforming code changes.

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