SB404 Alabama 2016 Session

Under existing law, any person who speaks, writes, or prints a false and malicious accusation that a person has committed a felony or other indictable offense involving moral turpitude is guilty of defamation. This law has been declared unconstitutional because it does not require a demonstration of "actual malice." This bill would revise the crime to include the "actual malice" requirement.

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.

To amend Section 13A-11-163, Code of Alabama 1975, relating to defamation; to require that the publishing or other dissemination of a false allegation be made with "actual malice"; 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.