HB258 Alabama 2017 Session

Under existing law, there are certain enumerated capital offenses

This bill would include prosecutors as members of law enforcement and make the murder of a prosecutor an enumerated capital offense

This bill would make a murder on the campus of a school an enumerated capital offense

This bill would make a murder in a day care or licensed child care facility an enumerated capital offense

This bill would make the murder of a victim, juror, or associated family member in order to avenge, intimidate, or retaliate an enumerated capital offense

This bill would make the murder of a family member of a police officer, sheriff, deputy, state trooper, federal law enforcement officer, prosecutor, or any other state or federal peace officer of any kind, or prison or jail guard, or a judge which is committed to avenge, intimidate, or retaliate because of an official action of the police officer, sheriff, deputy, state trooper, federal law enforcement officer, prosecutor, or any other state or federal peace officer of any kind, or prison or jail guard, or judge an enumerated capital offense

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 capital offenses; to amend Sections 13A-5-40 and 13A-5-49, Code of Alabama 1975, relating to enumerated capital offenses; to include prosecutors as members of law enforcement; to include as capital offenses the murder of a prosecutor; murder on the campus of a school; murder in a day care or licensed child care facility; murder of a victim, juror, or associated family member in order to avenge, intimidate, or retaliate; the murder of a family member of a police officer, sheriff, deputy, state trooper, federal law enforcement officer, prosecutor, or any state or federal peace officer, prison or jail guard, or a judge, which is committed to avenge, intimidate, or retaliate because of an official action; to create the aggravating capital factor of murder of a law enforcement officer while in the line of duty; 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.