HB37 Alabama 2023 Session

Summary

Primary Sponsor

Jim Hill Representative

Republican

Session

Regular Session 2023

Title

Relating to crimes and offenses; to create the crime of making a terrorist threat in the second degree; to establish penalties for violations; to repeal Section 13A-10-15, Code of Alabama 1975, the existing crime of making a terrorist threat, and create the new crime of making a terrorist threat in the first degree; 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

Under existing law, the crime of making a terrorist threat is a Class C felony.

This bill would also create the crime of making a terrorist threat in the second degree and provide for penalties.

This bill would repeal the existing crime of making a terrorist threat and create the new crime of making a terrorist threat in the first degree.

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 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 HB37 INTRODUCED contained in the amendment.

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Subjects

Crimes and offenses, create crime of making a terrorist threat in the first and second degree, penalties