HB173 Alabama 2017 Session

Under existing law, a person commits the crime of assault in the second degree if he or she intends to prevent a peace officer, a detention or correctional officer, emergency medical personnel, a utility worker, or a firefighter from performing a lawful duty and causes physical injury to the person and is guilty of a Class C felony

This bill would provide that the commission of second degree assault against these individuals would be a Class B felony

Also under existing law a person commits the crime of menacing, a Class B misdemeanor, if he or she, by physical action, intentionally places or attempts to place another person in fear of imminent serious physical injury

This bill would provide that menacing by threatening a law enforcement officer with a pistol, firearm, or other deadly weapon is a Class C felony

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 law enforcement; to amend Section 13A-6-21, Code of Alabama 1975, relating to assault in the second degree, to provide enhanced criminal penalties for violations against law enforcement officers, firefighters, and other specified individuals; to amend Section 13A-6-23, Code of Alabama 1975, relating to menacing, to provide an enhanced criminal penalty for threatening a law enforcement officer with a pistol, firearm, or other deadly weapon; 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.