HB227 Alabama 2018 Session

Summary

Primary Sponsor

Chris Sells Representative

Republican

Session

Regular Session 2018

Title

Child abuse, aggravated, age of child raised to 14 years for purposes of charging with Class A felony, Sec. 26-15-3.1 am'd.

Description

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.

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Subjects

Crimes and Offenses