HB 227

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.