HB407 Alabama 2016 Session

Summary

Primary Sponsor

Kyle South

Republican

Session

Regular Session 2016

Title

Law enforcement officers, unlawful to pull or draw a firearm or other deadly weapon upon, criminal penalties, Sec. 13A-6-23 am'd.

Description

Under existing law a person commits the crime of menacing, a Class B misdemeanor, if he or she, by physical action, intentionally places or attempts to place another person in fear of imminent serious physical injury.

This bill would provide that menacing by threatening a law enforcement officer with a pistol, firearm, or other deadly weapon 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.

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Subjects

Crimes and Offenses