HB128 Alabama 2016 Session

Under existing law, a person commits the crime of murder if he or she commits or attempts to commit certain felony offenses, and in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she or another participant in the crime causes the death of any person

This bill would provide that a person commits the crime of murder if he or she commits or attempts to commit aggravated child abuse and he or she causes the death of another person during the commission or attempt

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-6-2 of the Code of Alabama 1975; to provide that a person commits the crime of murder if he or she commits or attempts to commit aggravated child abuse and he or she causes the death of another person during the commission or attempt; 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.