SB103 Alabama 2011 Session

Under existing law, abuse of a protected person who is a resident in a nursing home, mental institution, developmental center for people with an intellectual disability, or other convalescent care facility is a Class B felony or Class C felony under certain circumstances

This bill would increase the felony penalty to a Class A felony if the protected person being abused is an honorably discharged or retired veteran of any branch of the United States Armed Forces

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 38-9-7 of the Code of Alabama 1975, relating to abuse of certain protected persons; to increase the felony penalty to a Class A felony if the protected person being abused is an honorably discharged or retired veteran of any branch of the United States Armed Forces; and in connection therewith to 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.