HB208 Alabama 2022 Session

Under existing law, menacing is a Class B misdemeanor

This bill would create the crime of aggravated menacing and establish penalties for violations

This bill would provide that menacing is a Class A misdemeanor and that aggravated menacing is a Class C felony

This bill would add the crime of aggravated menacing to domestic violence in the second degree

This bill would also add the crime of aggravated menacing to the list of violent offenses in Section 12-25-32

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, 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 Sections 13A-6-23, 13A-6-131, and 12-25-32, Code of Alabama 1975, to further provide for menacing; to further provide for the crime of domestic violence in the second degree; and to further provide that aggravated menacing is a violent offense; to add Section 13A-6-23.1 to the Code of Alabama 1975, to create the crime of aggravated menacing and to establish penalties for violations; 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, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901.