HB382 Alabama 2023 Session

Summary

Primary Sponsor

Chris England Representative

Democrat

Session

Regular Session 2023

Title

Relating to crimes and offenses, to amend Section 13A-6-2, Code of Alabama 1975, to further provide for the crime of murder; to provide for an exception to murder; to further provide for penalties; 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, a person commits the crime of murder if he or she attempts to commit certain felony offenses and in the course of, in furtherance of, or in the immediate flight therefrom, he or she, or another participant, causes the death of another person.

This bill would provide an exception to the crime of murder, specifically, that a person does not commit the crime of murder if the person killed was a willing participant in the underlying felony.

This bill would further provide for penalties for the crime of murder.

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 HB382 INTRODUCED 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

Crimes and offenses, to further provide for the crime of murder, create exception, further provide for penalties