SB26 Alabama 2015 1st Special Session

Under existing law, the definition of criminal homicide would not apply to a legal abortion or otherwise make an abortion legal

This bill would further provide for the definition of the word person for the purpose of criminal homicide or assault to remove the provision that a person may not be prosecuted for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which consent is implied by law or any woman with respect to her unborn child and that it is not a crime to perform or obtain an abortion that is otherwise legal, and to provide that nothing in this act shall be construed to make an abortion legal which is not otherwise authorized by law

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-6-1 of the Code of Alabama 1975, relating to the definition of person for the purpose of criminal homicide or assault; to remove the provision that a person may not be prosecuted for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which consent is implied by law or any woman with respect to her unborn child and that it is not a crime to perform or obtain an abortion that is otherwise legal, and to provide that nothing in this act shall be construed to make an abortion legal which is not otherwise authorized by law; and in connection therewith would 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.