HB445 Alabama 2021 Session

Sponsors

Session

Regular Session 2021

Title

Crimes and offenses, crimes of riot and inciting to riot, harassment, and assault II, amended, crimes of assault against a first responder, aggravated riot, and unlawful traffic interference, created, mandatory holding period for certain violations, provided, mandatory incarceration period for certain violations, provided, exceptions to sovereign immunity, further provided, restrictions on distribution of revenue to defunding jurisdictions, provided, Secs. 13A-11-3.1, 13A-11-5.1, 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 and 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

This bill would amend the crimes of riot and inciting to riot and would establish the crimes of aggravated riot and unlawful traffic interference

This bill would also include a mandatory period of incarceration to serve that is not subject to probation or parole

Under existing law, a person arrested for a crime of domestic violence or elder abuse is required to be held in custody until brought before the court within 48 hours for the purpose of consideration of bail

This bill would provide that if a person is arrested for committing a crime of assault against a first responder, riot, inciting to riot, or aggravated riot, the person would be required to be held in custody until brought before the court within 48 hours for the purpose of consideration of bail, or if not brought before the court within 48 hours, would be subject to bail according to the Alabama Rules of Criminal Procedure

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 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 if a political subdivision of the state dissolves or defunds a local law enforcement agency, the political subdivision 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 restored and 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 crimes of violence that occur in the political subdivision under certain conditions

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 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 add Section 13A-11-5.1 to the Code of Alabama 1975, to create the crime of unlawful traffic interference; to further provide for penalties for certain violations; 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 amend Section 15-10-3, Code of Alabama 1975, to further provide for the arrest, release, and bail of certain offenders; to amend Section 36-1-12, Code of Alabama 1975, to provide further exceptions to the grant of sovereign immunity; 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.

Subjects

Crimes and Offenses