HB408 Alabama 2016 Session

Summary

Primary Sponsor

Thad McClammy

Democrat

Session

Regular Session 2016

Title

Criminal procedure, jury instructions

Description

Existing law does not specifically require the court in a criminal proceeding tried before a jury to permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.

This bill would require the court in a criminal proceeding tried before a jury to permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.

This bill would require posting in each courthouse and courtroom therein of the right of a jury to judge the facts and the application of the law in relation to the facts in controversy.

This bill would provide a criminal penalty for a violation.

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

Criminal Law and Procedure