HB133 Alabama 2021 Session

Under existing law, the crime of assault in the second degree is committed when a person, with an intent to prevent a peace officer, detention or correctional officer, emergency medical personnel, or firefighter from performing a lawful duty, intends to cause physical injury and causes physical injury to any person

This bill would establish the crimes of assault against a first responder in the first and second degrees, would provide criminal penalties, including a mandatory minimum sentence for a violation, and would provide for a mandatory holding period for an arrest. The bill would also further provide for the crime of assault in the second degree to reflect the creation of the crimes of assault against a first responder in the first and second degrees

Under existing law, it is a civil violation to damage certain monuments in the state

This bill would establish the crimes of damaging a public monument in the first and second degrees, would provide criminal penalties, including a mandatory minimum sentence for a violation, and would provide for a mandatory holding period for an arrest

Under existing law, the crimes of riot and inciting to riot are Class A misdemeanors

This bill would establish the crime of aggravated riot, which would provide heightened criminal penalties for participating in a riot which results in damage to property or bodily injury to any person. The bill would also provide a mandatory holding period for an arrest for riot, inciting to riot, and aggravated riot, and would provide a mandatory minimum sentence for a violation

Under existing law, the crimes of harassment and harassing communications are Class C misdemeanors

This bill would provide that when a person commits the crime of harassment on or within 10 feet of the premises of a place of public accommodation, the person is guilty of a Class A misdemeanor. This bill would also further provide for the crime of harassing communications

Under existing law, a person who has been convicted of a crime of violence, as defined, may not own a firearm, possess a firearm, or otherwise have a firearm under his or her custody or control

This bill would further define the term crime of violence to include persons convicted of the crimes of assault against a first responder in the first or second degree, riot, or aggravated riot

Under existing law, local law enforcement agencies are primarily funded by the political subdivisions of the state for whom the agencies serve

This bill would provide that a political subdivision of the state that defunds a local law enforcement agency may not receive any state grant or aid money and may not receive any allocation of any state revenues directly shared with local governments that is not otherwise required by the Constitution of Alabama of 1901, until the local law enforcement agency is fully funded, with exceptions

Under existing law, officers, employees, and agents of the state are immune from civil liability in their personal capacity under certain conditions

This bill would provide that members of the governing body of a political subdivision of the state who defund a local law enforcement agency in the jurisdiction may be held civilly liable for violent crimes that occur in the political subdivision under certain conditions

Under existing law, a person is ineligible to hold public office when the person has been convicted of treason, embezzlement of public funds, malfeasance of office, larceny, bribery, or any other crime punishable by imprisonment in the state or federal penitentiary

This bill would specify that a person who is convicted of the crime of riot or aggravated riot is ineligible to hold public office

Under existing law, a person charged with committing a crime is entitled to bail as a matter of right, with exception

This bill would specify that a person is not entitled to bail as a matter of right if there is probable cause to believe that the person will not appear for trial or hearing, or that the liberty of the defendant constitutes an unreasonable danger to the defendant or the public

This bill would also create a rebuttable presumption that if the person is charged with a violent offense, as defined, the person constitutes an unreasonable danger to the defendant or the public

Under existing law, the term violent offense is defined to include certain criminal offenses that are inherently violent in nature

This bill would include within that definition the crimes of assault against a first responder, damaging a public monument, riot, and aggravated riot

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 crimes and offenses; to create the crimes of assault against a first responder in the first and second degrees; to create the crimes of damaging a public monument in the first and second degrees; to amend Sections 13A-11-1, 13A-11-3, 13A-11-4, and 13A-11-70, Code of Alabama 1975; to provide further for the crimes of riot and inciting to riot; to add Section 13A-11-3.1 to the Code of Alabama 1975, to create the crime of aggravated riot; to amend Section 13A-6-21, Code of Alabama 1975, to provide further for the crime of assault in the second degree; to amend Sections 13A-11-8 and 13A-6-132, Code of Alabama 1975, to provide further for the crime of harassment; to add Section 13A-11-8.1 to the Code of Alabama 1975, to provide further for the crime of harassing communications; to impose a mandatory holding period and a mandatory minimum sentence for certain violations; to amend Section 36-1-12, Code of Alabama 1975, to provide further exceptions to the grant of sovereign immunity; to amend Section 36-2-1, Code of Alabama 1975, to further provide for the disqualification from holding public office; to amend Section 15-13-2, Code of Alabama 1975, to establish a rebuttable presumption against the grant of bail under certain conditions; to amend Section 12-25-32, Code of Alabama 1975, to provide further for the definition of violent offense; to provide restrictions on the issuance of state funds to a political subdivision that reduces funding to a local law enforcement agency 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.