HB28 Alabama 2015 Session

Under existing law, a person commits the crime of criminal mischief in the second degree, a Class A misdemeanor, if, with intent to damage property and having no right to do so, he or she inflicts damage to property in an amount greater than $500 but less than $2,500

This bill would provide that upon a second or subsequent conviction of criminal mischief in the second degree involving a church or other religious building, the defendant would receive certain mandatory minimum sentences

This bill would also provide that restitution would be a first priority in cases involving a church or other religious building under certain conditions

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-7-22, Code of Alabama 1975, relating to the crime of criminal mischief in the second degree; to provide enhanced penalties for a second or subsequent conviction involving a church or other religious building, or property in the church or other religious building; to provide for restitution to the church or other religious entity to be a priority under certain conditions; 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.