Under existing law, a person commits the crime of assault in the second degree if he or she intends to prevent a peace officer, a detention or correctional officer, emergency medical personnel, a utility worker, or a firefighter from performing a lawful duty and causes physical injury to the person and is guilty of a Class C felony.
This bill would provide that the commission of second degree assault against these individuals would be a Class B 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.
Further Consideration
Ward motion to Carry Over to the Call of the Chair adopted Voice Vote
Third Reading Carried Over to Call of the Chair
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Judiciary
Motion to Read a Third Time and Pass adopted Roll Call 721
Third Reading Passed
Read for the second time and placed on the calendar
Rereferred from Judy to PS&HS
Read for the first time and referred to the House of Representatives committee on Judiciary
Source: Alabama Legislature