HB292 Alabama 2022 Session

Under existing law, without regard to consent, an individual may not marry or engage in sexual intercourse with another individual when those individuals are related by certain degrees of consanguinity, adoption, or, in certain situations, marriage

This bill would further provide for the crime of incest to prohibit sodomy or sexual contact between individuals when those individuals are related by certain degrees of consanguinity, adoption, or, in certain situations, marriage

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 Section 13A-13-3, Code of Alabama 1975, to further provide for the crime of incest, to include sodomy and sexual contact as prohibited behavior within the meaning of the offense; 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.