SB286 Alabama 2010 Session

Under existing law, a person who assaults a peace officer with an intent to prevent the peace officer from performing a lawful duty and who causes physical injury to the peace officer or another person is guilty of assault in the second degree. Assault in the second degree is a Class C felony. The courts have held that an off-duty peace officer employed by a private entity is not a peace officer unless the off-duty peace officer has witnessed a crime

This bill would provide that an off-duty peace officer employed by a private entity would be considered a peace officer and to be performing a lawful duty in his or her approved uniform while off duty with the approval of his or her employing agency

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 Alabama 1975, providing the crime of assault in the second degree, to further provide when a peace officer employed by a private entity is a peace officer performing a lawful duty for the purpose of certain assaults; 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 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.