HB 153

Under existing law, providing a false statement relating to a matter under investigation by the Attorney General or a prosecutor or officer of the Office of Attorney General is a felony

This bill would create the crime of making a false statement to a law enforcement officer

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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 the amendment. 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 the amendment

Relating to crimes; to create the crime of making a false statement to a law enforcement officer; 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, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

(a) A person commits the crime of making a false statement to a law enforcement officer if, during the course of a criminal investigation, he or she knowingly does any of the following: (1) Falsifies, conceals, or covers up by any trick, scheme, or device a material fact. (2) Makes a a materially false, fictitious, or fraudulent statement or representation to a law enforcement officer. (3) Makes or uses a false writing or document knowing the writing or document contains any materially false, fictitious, or fraudulent statement or entry. (b) Making a false statement to a law enforcement officer is a Class C felony. (c) This section does not apply to a person who provides a false denial of guilt in response to questions initiated by a law enforcement officer or other agent of the state, a county, or a municipality. (d) As used in this section, the following terms have the following meanings: (1) CRIMINAL INVESTIGATION. An investigation into an alleged misdemeanor or felony by a law enforcement officer. (2) LAW ENFORCEMENT OFFICER. An on-duty state, county, or municipal law enforcement officer with the power of arrest.

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, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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.