SB146 Alabama 2011 Session

This bill would create the crime of threatening harm or violence against a judicial system officer or employee or his or her immediate family

This bill would allow the death penalty to be imposed upon a person who commits murder of a judicial system officer or employee or his or her immediate family under certain conditions

This bill would also include threatening harm or violence against a judicial system officer or employee as an aggravating circumstance relating to a capital offense

This bill would provide penalties

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

Relating to the crime of threatening a judicial system officer or employee; to make it a specific crime for a person to threaten or cause harm or violence to a judicial system officer or employee or his or her immediate family under certain conditions; to provide penalties; to amend Section 13A-5-40, Code of Alabama 1975, relating to the imposition of the death penalty; to provide that the death penalty may be imposed upon a person who commits murder during the commission of, or attempted commission of, threatening harm or violence against a judicial system officer or employee; to amend Section 13A-5-49, Code of Alabama 1975, to include threatening harm or violence against a judicial system officer or employee as an aggravating circumstance relating to a capital offense; 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.