HB153 Alabama 2023 Session

Updated Apr 17, 2023

House Bill

Enacted

Current Status

Regular Session 2023

Session

Sponsor

Summary

Primary Sponsor: Allen Treadaway Representative
Republican
Session: Regular Session 2023
Title: Relating to crimes and offenses; to amend Sections 13A-6-92 and 30-3-130, Code of Alabama 1975, to define the term electronic tracking device; to add Sections 13A-6-95 and 13A-6-96 to the Code of Alabama 1975, to prohibit a person from placing certain devices on the property of another person; to prohibit a person from placing certain devices on the property of another in violation of an established court order; to provide for penalties; to make nonsubstantive, technical revisions to update the existing code language to current style; 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 Section 111.05 of the Constitution of Alabama of 2022.
Description: This bill would make it a crime to place an electronic tracking device on the property of another person without the consent of the owner and would provide for penalties.
This bill would prohibit a person from placing an electronic tracking device on the property of another in violation of an established court order and would provide for penalties.
This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.
Section 111.05 of the Constitution of Alabama of 2022, 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 HB153 INTRODUCED 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.