HB59 Alabama 2019 Session

Under existing law, the murder of a first responder is not a capital offense.

This bill would provide that the murder of a first responder would be a capital offense.

Under existing law, there are certain aggravating circumstances listed for capital offenses.

This bill would include as an aggravating circumstance a victim of a capital offense who was a law enforcement officer, a prison or jail guard, or a first responder.

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.

To amend Sections 13A-5-40 and 13A-5-49, Code of Alabama 1975, as amended by Act 2018-537, 2018 Regular Session, relating to capital offenses; to provide that murder of a first responder would be a capital offense; to include within the aggravating circumstances to be considered in sentencing for a capital offense circumstances when the victim was a law enforcement officer, a prison or jail guard, or first responder; 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.