HB291 Alabama 2017 Session

Under existing law, there is no provision for an individual to be charged with the crime of assault in the second degree if he or she with intent causes physical injury to a social worker or an employee of a social service agency during or as a result of the performance of his or her duty.

This bill would make it the crime of assault in the second degree for an individual with intent to cause physical injury to a social worker or an employee of a social service agency during or as a result of the performance of his or her duty.

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 social workers; to amend Section 13A-6-21, Code of Alabama 1975, to make it the crime of assault in the second degree for an individual with intent to cause physical injury to a social worker or an employee of a social service agency during or as a result of the performance of his or her duty, cause physical injury to any person, 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.