HB338 Alabama 2016 Session

Under existing law, certain periods of incarceration are required for persons convicted of first, second, or third degree domestic violence

This bill would double the incarceration periods for convictions of first or second degree domestic violence if a child under the age of 18 years witnessed the domestic violence and would provide increased incarceration periods for a first conviction of third degree domestic violence if a child under the age of 18 years witnessed the domestic violence and enhanced penalties for second, third, or subsequent convictions of third degree domestic violence if a child witnessed the domestic violence

Also under existing law, a person who commits a capital offense may be sentenced to death or life without parole

This bill would include as a capital offense murder by the defendant that is witnessed by a child under the age of 18 years, if the victim was the parent or legal guardian of the child

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 Sections 13A-6-130, 13A-6-131, and 13A-6-132, Code of Alabama 1975, as last amended by Act 2015-493, 2015 Regular Session, to provide increased incarceration periods and enhanced penalties for convictions of domestic violence in the first, second, or third degree; to amend Section 13A-5-40, Code of Alabama 1975, to include as a capital offense murder by the defendant that is witnessed by a child under the age of 18 years, if the victim was the parent or legal guardian of the child; 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.