Under existing law, a person commits the crime of criminal mischief in the second degree, a Class A misdemeanor, if, with intent to damage property and having no right to do so, he or she inflicts damage to property in an amount greater than $500 but less than $2,500.
This bill would provide that a second or subsequent conviction of criminal mischief in the second degree is a Class C felony.
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.
Pending third reading on day 27 Favorable from Judiciary
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Judiciary
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 651
Motion to Adopt adopted Roll Call 650
Standridge Amendment Offered
Laird motion to Table adopted Roll Call 649
Judiciary Amendment Offered
Third Reading Passed
Laird motion to Carry Over Temporarily adopted Voice Vote
Judiciary Amendment Offered
Third Reading Carried Over
Read for the second time and placed on the calendar 1 amendment
Read for the first time and referred to the House of Representatives committee on Judiciary
Source: Alabama Legislature