HB304 Alabama 2020 Session

Summary

Primary Sponsor

Phillip Pettus Representative

Republican

Session

Regular Session 2020

Title

Crimes and offenses, to add additional activity that would constitute the crime of assault in the first degree, create crime of assault or attempted assault on a 1st responder, Sec. 13A-6-30 added; Secs. 13A-6-20, 13A-6-21 am'd.

Description

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.

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.

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Subjects

Crimes and Offenses