SB141 Alabama 2023 Session

Summary

Primary Sponsor

Linda Coleman-Madison Senator

Democrat

Session

Regular Session 2023

Title

Relating to crimes and offenses; to amend Section 26-15-3.2 of the Code of Alabama 1975, to further provide for chemical endangerment of a child; to require a confirmatory positive drug test before an agency or law enforcement initiates any action for a violation; 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 chemical endangerment of a child if the child is exposed to a controlled substance, chemical substance, or drug paraphernalia. A violation is a Class C felony.

This bill would provide that chemical endangerment of a child where the child is exposed to marijuana or drug paraphernalia is a Class A misdemeanor.

This bill would also provide that a confirmatory positive drug test must be obtained before an agency or law enforcement initiates any action for a violation.

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 SB141 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.

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