HB227 Alabama 2018 Session

Existing law provides for the crime of aggravated child abuse when a person commits repeated acts of physical or mental abuse of a child or causes serious physical injury. Aggravated child abuse is a Class B felony. Existing law also provides that when a person commits repeated acts of physical or mental abuse on or causes serious physical injury to a child under the age of six years, the penalty is a Class A felony.

This bill would provide that it is a Class A felony when a person commits repeated acts of physical or mental abuse on or causes serious physical injury to a child under the age of 14 years.

Amendment 621 of the Constitution of Alabama of 1901 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 Amendment 621. 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 Amendment 621.

Relating to child abuse; to amend Section 26-15-3.1 of the Code of Alabama 1975, to provide that aggravated child abuse of a child under age 14 is a Class A felony; 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.