HB389 Alabama 2021 Session

Under existing law, assault in the first degree requires serious physical injury or disfigurement

Under existing law, intentionally causing physical injury by means of a deadly weapon or dangerous instrument constitutes assault in the second degree

This bill would provide that intentionally causing physical injury by means of a firearm would constitute assault in the second degree

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, 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. If this bill is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the local entity or until, and only as long as, the Legislature appropriates funds or provides for a local source of revenue

Relating to assault; to amend Sections 13A-6-20 and 13A-6-21, Code of Alabama 1975; to provide that intentionally causing physical injury by means of a firearm would constitute assault in the first degree; and in connection therewith to 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, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.