HB 227
Bill Summary
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.
Bill Text
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.
Section 1
Section 26-15-3.1, Code of Alabama 1975, is amended to read as follows:
§26-15-3.1.
(a)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse if he or she does any of the following:
a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than one occasion.
b. He or she violates Section 26-15-3 and in so doing also violates a court order concerning the parties or injunction.
c. He or she violates the provisions of Section 26-15-3 which causes serious physical injury, as defined in Section 13A-1-2, to the child.
(2) The crime of aggravated child abuse is a Class B felony.
(b)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse of a child under the age of six 14 if he or she does any of the following to a child under the age of six 14 years:
a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than two occasions.
b. He or she violates Section 26-15-3 and in so doing also violates a court order concerning the parties or injunction.
c. He or she violates the provisions of Section 26-15-3 which causes serious physical injury, as defined in Section 13A-1-2, to the child.
(2) The crime of aggravated child abuse of a child under the age of six 14 is a Class A felony."
Section 2
Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.
Section 3
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Bill Actions
Action Date | Chamber | Action |
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January 16, 2018 | H | Read for the first time and referred to the House of Representatives committee on Judiciary |
Bill Documents
Document Type | Document Location |
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Bill Text | http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2018RS/PrintFiles/HB227-int.pdf |