HB237 Alabama 2019 Session

Under existing law, a violation of sex abuse in the second degree is a Class A misdemeanor, except for certain circumstances

This bill would create an enhanced sentence for a violation of sex abuse in the second degree if there is at least a 15-year age difference between the defendant and victim

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 sex abuse in the second degree; to amend Section 13A-6-67, Code of Alabama 1975; to provide for an enhanced sentence for a violation of sex abuse in the second degree if there is at least a 15-year age difference between the defendant and victim; 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.