HB49 Alabama 2019 Session

Under existing law, a person is justified in using physical force, including deadly force, in self-defense or in the defense of another person under certain conditions, and an occupant of a dwelling or business property may use deadly physical force, and is legally presumed to be justified in using deadly physical force, in self-defense or the defense of another person against a person committing or attempting to commit certain specified crimes

This bill would provide that a person is not criminally liable for using physical force, including deadly force, in self-defense or in the defense of another person on the premises of a church under certain conditions

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 self-defense and the defense of others; to amend Sections 13A-3-20 and 13A-3-23, Code of Alabama 1975, to provide that a person is not criminally liable for using physical force, including deadly force, in self-defense or in the defense of another person on the premises of a church under certain conditions; 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.