HB585 Alabama 2021 Session

Summary

Primary Sponsor

Connie C. Rowe Representative

Republican

Session

Regular Session 2021

Title

Resisting arrest, to amend punishment to Class A misdemeanor, to provide that resisting arrest with a deadly weapon or dangerous instrument is a Class C felony, Sec. 13A-10-41 am'd.

Description

Under current law, resisting arrest is a Class B misdemeanor.

This bill would provide that resisting arrest is a Class A misdemeanor and that resisting arrest with a deadly weapon or dangerous instrument is a Class C felony.

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

Resisting Arrest