SB36 Alabama 2019 Session

Under existing law, when a person is found guilty of committing a misdemeanor or felony and it is shown beyond a reasonable doubt that the commission of the crime was motivated by the victim's race, color, religion, national origin, ethnicity, or physical or mental disability, the person is subject to heightened criminal penalties

This bill would provide that when a person is found guilty of committing a misdemeanor or felony against a law enforcement officer and it is shown beyond a reasonable doubt that the commission of the crime was motivated by the victim's employment as a law enforcement officer, the person is subject to heightened criminal penalties

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 crimes and offenses; to amend Section 13A-5-13, Code of Alabama 1975, to provide additional criminal penalties when the commission of a felony or misdemeanor is motivated by the victim's employment as a law enforcement officer; 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.