HB133 Alabama 2021 Session

Summary

Primary Sponsor

Chip BrownRepresentative

Republican

Co-Sponsors

Tim WadsworthRitchie Whorton

Session

Regular Session 2021

Title

Crimes and offenses, crimes of riot and inciting to riot, further provided, assault against a first responder and damaging a public monument, created, crime of violence, definition further provided, harassment and harassing communications further provided, exceptions to sovereign immunity, further provided to include defunded jurisdictions, entitlement to bail, exceptions further provided, prohibitions on receipt of state grants and aid, established under certain conditions, Secs. 13A-11-3.1, 13A-11-8.1 added; Secs. 12-25-32, 13A-6-21, 13A-6-132, 13A-11-1, 13A-11-3, 13A-11-4, 13A-11-8, 13A-11-70, 15-13-2, 36-1-12, 36-2-1 am'd.

Description

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.

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Subjects

Crimes and Offenses