HB237 Alabama 2017 Session

Under existing law, it is a Class B felony to commit assault in the first degree and a Class C felony to commit assault in the second degree

This bill would provide enhanced criminal penalties for assault in the first degree and second degree if the victim of the crime was a law enforcement officer, as defined by the act, a firefighter, paramedic, emergency medical technician, or correctional officer

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

Relating to public safety; to add Section 13A-6-22.2 to the Code of Alabama 1975, to provide enhanced criminal penalties for assault in the first or second degree if the victim of the crime was a law enforcement officer, including a correction officer, firefighter, paramedic, or emergency medical technician; 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.