HB8 Alabama 2016 Session

Existing law provides for the crime of child abuse if a person tortures, willfully abuses, cruelly beats, or otherwise willfully maltreats a child under the age of 18 years. Torture or willful abuse of a child under age 18 is a Class C felony

Existing law also provides for the crime of aggravated child abuse when a person commits repeated acts of physical or mental abuse of a child or causes serious physical injury. Aggravated child abuse is a Class B felony

This bill would create the crime of aggravated child abuse of a child under age six to apply when a person commits repeated acts of physical or mental abuse or causes serious physical injury to a child under age six. This bill would make aggravated child abuse of a child under age six a Class A felony

Amendment 621 of the Constitution of Alabama of 1901 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 Amendment 621. 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 Amendment 621

Relating to child abuse; to provide for the crime of aggravated child abuse of a child less than six years of age; to provide for penalties; 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.