HB2 Alabama 2022 Session

Sponsors

Session

Regular Session 2022

Title

Crimes and offenses, assault against a first responder, created, riot and inciting to riot, further provided, aggravated riot, and unlawful traffic interference, created, holding period after arrest, provided, penalties for defunding police, provided, Secs. 13A-11-3.1, 13A-11-5.1 added; Secs. 13A-6-21, 13A-11-1, 13A-11-3, 13A-11-4, 15-10-3 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 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 also provide that if a person is arrested for committing a crime of assault against a first responder, riot, inciting to riot, aggravated riot, or unlawful traffic interference, the person would be required to be held in custody until brought before the court within 24 hours for the purpose of consideration of bail, or if not brought before the court within 24 hours, would be subject to bail according to the Alabama Rules of Criminal Procedure.

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

This bill would also 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.

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, 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 Anti-Aggravated Riot Act; to amend Sections 13A-6-21, 13A-11-1, 13A-11-3, 13A-11-4, and 15-10-3, Code of Alabama 1975, and to add Sections 13A-11-3.1 and 13A-11-5.1 to the Code of Alabama 1975, to create the crimes of assault against a first responder in the first and second degrees; to further provide for the crimes of riot and inciting to riot; to create the crime of aggravated riot; to provide further for the crime of assault in the second degree; to create the crime of unlawful traffic interference; to further provide for penalties for certain violations; to further provide for the arrest, release, and bail of certain offenders; to provide restrictions on the issuance of certain state funds to a political subdivision that abolishes or 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, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Subjects

Crimes and Offenses