HB52 Alabama 2016 1st Special Session Session

Under existing law, additional criminal penalties are provided for crimes if an offense was motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability

This bill would provide additional criminal penalties if an offense is motivated by the victim's engagement in the furtherance of public safety in his or her official capacity without regard to the victim's employment status as a law enforcement officer, firefighter, emergency medical services personnel, or rescue squad member

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

Relating to hate crimes; to amend Section 13A-5-13, Code of Alabama 1975, to provide additional criminal penalties for offenses motivated by the victim's actual or perceived employment as a law enforcement officer; 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.