SB196 Alabama 2018 Session

Summary

Primary Sponsor

Cam Ward Senator

Republican

Session

Regular Session 2018

Title

Crimes and offenses, criminal code chapters 1-4 and technical revisions, corporate entities, criminal liability, criminal facilitation offense created, entrapment defined, Secs. 13A-1-5.1, 13A-1-12, 13A-2-27, 13A-2-28, 13A-2-29, 13A-2-30, 13A-4-6 added; Secs. 13A-1-2, 13A-1-4, 13A-1-8, 13A-2-1, 13A-2-2, 13A-2-3, 13A-2-5, 13A-2-6, 13A-2-20 to 13A-2-24, inclusive, 13A-2-26, 13A-3-1, 13A-3-2, 13A-3-21, 13A-3-22, 13A-3-24, 13A-3-25, 13A-3-27, 13A-3-28, 13A-3-30, 13A-3-31, 13A-4-1, 13A-4-2, 13A-4-3 am'd.

Description

Existing law defines certain acts as crimes and establishes penalties.

This bill would make technical revisions and updates to Chapters 1 to 4 of the Criminal Code.

This bill would define the term law enforcement officer, specify that the terms marihuana and marijuana are interchangeable, and revise the definition of vehicle.

This bill would establish the conditions under which a corporation or other entity may be held criminally responsible for any offense.

This bill would further describe the circumstances in which a law enforcement officer, including a guard at a detention facility, is justified in using deadly physical force.

This bill would define entrapment and specify that entrapment is a defense to prosecution.

This bill would provide for the crime of criminal facilitation.

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