HB368 Alabama 2010 Session

Existing law provides for assault in the second degree and classifies certain persons that hold certain jobs as being protected from intentional assault

This bill would include utility workers in the classification of certain persons that hold certain jobs as being protected from intentional assault

Amendment 621 of the Constitution of Alabama of 1901, 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

To amend Section 13A-6-21 of the Code of Alabama1975, as amended by Act 2009-586, 2009 Regular Session (Acts2009, p. 1722), relating to assault in the second degree; toinclude utility workers as a protected class from intentionalassault; and in connection therewith would have as its purposeor effect the requirement of a new or increased expenditure oflocal funds within the meaning of Amendment 621 of theConstitution of Alabama of 1901, now appearing as Section111.05 of the Official Recompilation of the Constitution ofAlabama of 1901, as amended.