HB173 Alabama 2017 Session

Updated Jul 24, 2021

Summary

Primary Sponsor: Connie C. Rowe
Republican
Session: Regular Session 2017
Title: Law enforcement officers, unlawful to pull or draw a firearm or other deadly weapon upon, criminal penalties, Secs. 13A-6-21, 13A-6-23 am'd.
Description: 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.
Also 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.
Subjects: Crimes and Offenses