SB196 Alabama 2018 Session

Existing law defines certain acts as crimes and establishes penalties

This bill would make technical revisions and updates to Chapters 1 to 4 of the Criminal Code

This bill would define the term law enforcement officer, specify that the terms marihuana and marijuana are interchangeable, and revise the definition of vehicle

This bill would establish the conditions under which a corporation or other entity may be held criminally responsible for any offense

This bill would further describe the circumstances in which a law enforcement officer, including a guard at a detention facility, is justified in using deadly physical force

This bill would define entrapment and specify that entrapment is a defense to prosecution

This bill would provide for the crime of criminal facilitation

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 crimes and penalties; to amend Sections 13A-1-2 and 13A-1-4 of the Code of Alabama 1975; to add Section 13A-1-5.1 to the Code of Alabama 1975; to amend Section 13A-1-8 of the Code of Alabama 1975; to add Section 13A-1-12 to the Code of Alabama 1975; to amend Sections 13A-2-1, 13A-2-2, 13A-2-3, 13A-2-5, 13A-2-6, 13A-2-20, 13A-2-21, 13A-2-22, 13A-2-23, 13A-2-24, and 13A-2-26 of the Code of Alabama 1975; to add Sections 13A-2-27, 13A-2-28, 13A-2-29, 13A-2-30 to the Code of Alabama 1975; to amend Sections 13A-3-1, 13A-3-2, 13A-3-21, 13A-3-22, 13A-3-24, 13A-3-25, 13A-3-27, and 13A-3-28 of the Code of Alabama 1975; to amend Sections 13A-3-30, 13A-3-31, 13A-4-1, 13A-4-2, and 13A-4-3 of the Code of Alabama 1975; and to add Section 13A-4-6 to the Code of Alabama 1975; to make technical revisions and updates; to revise and add definitions; to provide for culpability; to establish conditions for criminal culpability of a corporation or other entity; to provide further for the use of deadly physical force by a law enforcement officer; to provide for entrapment; and to provide for criminal facilitation; 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.