SB193 Alabama 2014 Session

Summary

Primary Sponsor

Bill Holtzclaw

Republican

Co-Sponsors

Cam WardDick BrewbakerGreg J. ReedRusty GloverJerry L. FieldingArthur OrrClay ScofieldTrip PittmanBryan TaylorGerald O. DialPaul BussmanJ.T. WaggonerPhillip W. WilliamsBill HightowerScott BeasonDel MarshGerald H. AllenJimmy Holley

Session

Regular Session 2014

Title

Criminal procedure, new classes of capital offense, Secs. 13A-5-40, 13A-5-49 am'd.

Description

Under existing rule, there are certain enumerated capital offenses.

This bill would include prosecutors as members of law enforcement and make the murder of a prosecutor an enumerated capital offense.

This bill would make a murder of a family member of a law enforcement agency or public official in order to avenge, intimidate, or retaliate an enumerated capital offense.

This bill would make a murder on the campus of a school an enumerated capital offense.

This bill would make a murder in a day care or licensed child care facility an enumerated capital offense.

This bill would make a murder of a victim, juror, or associated family member in order to avenge, intimidate, or retaliate an enumerated capital offense.

This bill would make the murder of a victim under a Protection From Abuse Order an enumerated capital offense.

This bill would make the murder of a family member of a police officer, sheriff, deputy, state trooper, federal law enforcement officer, prosecutor, or any other state or federal peace officer of any kind, or prison or jail guard, or a judge which is committed to avenge, intimidate, or retaliate because of an official action of the police officer, sheriff, deputy, state trooper, federal law enforcement officer, prosecutor, or any other state or federal peace officer of any kind, or prison or jail guard, or judge an enumerated capital offense.

Amendment 621 of the Constitution of Alabama of 1901 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 Amendment 621. 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 Amendment 621.

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Subjects

Crimes and Offenses