HB304 Alabama 2020 Session

Under current law, if a person intends to prevent a first responder from performing a lawful duty and in doing so causes physical injury to any person, he or she is guilty of a Class C felony

This bill would provide that a person who intends to prevent a first responder from performing a lawful duty and in doing so causes physical injury to any person, would be guilty of a Class B felony

This bill would further create the offense of assault or attempted assault of a first responder and would provide 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

Relating to crimes and offenses; to amend Sections 13A-6-20 and 13A-6-21, Code of Alabama 1975, to add additional activity that would constitute the crime of assault in the first degree; to add Section 13A-6-30 to the Code of Alabama 1975, creating the crime of assault or attempted assault on a 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.