HB389 Alabama 2021 Session

Summary

Primary Sponsor

TaShina MorrisRepresentative

Democrat

Session

Regular Session 2021

Title

Crimes and offenses, assault, intentionally causing physical injury by means of a firearm would constitute assault in the first degree, Secs. 13A-6-20, 13A-6-21 am'd.

Summary

HB389 would treat intentionally injuring someone with a firearm as assault in the first degree (a Class B felony) and add a local-funding trigger requiring a 2/3 vote or local approval before new local expenditures take effect.

What This Bill Does

It amends 13A-6-20 to make causing physical injury by a firearm a first-degree assault offense. It also expands second-degree assault definitions to cover injuries to teachers, health care workers, and other specified public safety or service workers while they perform their duties. Additionally, it adds a constitutional funding provision (Amendment 621) stating that laws requiring new or increased local spending cannot take effect without a 2/3 vote or local entity approval, unless funds are legislature-appropriated or otherwise provided. The act would become effective on the first day of the third month after passage and governor approval.

Who It Affects

• Offenders who intentionally injure someone with a firearm would face assault in the first degree (Class B felony).
• Local governments and taxpayers would be affected by the local-funding requirement, which could delay or block local spending unless approved by the local entity or funded by the Legislature.

Key Provisions

• Amends Section 13A-6-20(a)(6) to make intentionally causing physical injury by means of a firearm an assault in the first degree (Class B felony).
• Clarifies that assault in the first degree remains a Class B felony and lists the applicable circumstances for first-degree assault.
• Amends Section 13A-6-21 to expand second-degree assault definitions to include injuries to teachers, health care workers, peace/officer personnel (and related categories) while performing duties, among other specified scenarios.
• Adds a provision stating that the bill would require a new or increased expenditure of local funds to be approved by a local entity or funded by the Legislature, under Amendment 621 (Section 111.05), effectively creating a 2/3 vote/local approval trigger for local spending changes.
• Effective date: becomes effective on the first day of the third month following passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses