HB77 Alabama 2016 Session

Summary

Primary Sponsor

Chris Pringle Representative

Republican

Session

Regular Session 2016

Title

Trespassing, critical infrastructure, crime established, penalties

Description

Under existing law, a person is guilty of criminal trespass if the person enters or remains unlawfully on property without permission of the owner. A violation is a misdemeanor.

This bill would establish a specific crime of unlawful entry of a critical infrastructure. A violation would be a Class D 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