Under existing law, when a person is found guilty of committing a misdemeanor or felony and it is shown beyond a reasonable doubt that the commission of the crime was motivated by the victim's race, color, religion, national origin, ethnicity, or physical or mental disability, the person is subject to heightened criminal penalties.
This bill would provide that when a person is found guilty of committing a misdemeanor or felony against a law enforcement officer and it is shown beyond a reasonable doubt that the commission of the crime was motivated by the victim's employment as a law enforcement officer, the person is subject to heightened criminal penalties.
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.
Source: Alabama Legislature