HB415 Alabama 2013 Session

Under existing law, a defendant convicted of a Class A felony in which a firearm or deadly weapon was used or a defendant convicted of a Class A felony criminal sex offense is required to be sentenced to not less than 20 years in prison and a defendant convicted of a Class B or C felony in which a firearm or deadly weapon was used or a defendant convicted of a Class B felony criminal sex offense is required to be sentenced to not less than 10 years in prison

This bill would provide that the same mandatory minimum sentences if a convicted defendant was wearing a bulletproof vest, body armor, or any other ballistic protection at the time of commission of the crime

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 crimes and offenses; relating to the sentences of imprisonment for felonies; to provide for certain mandatory minimum sentences of imprisonment if the defendant at the time of commission of the crime was wearing a bulletproof vest, body armor, or any other ballistic protection; 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.