HB68 By Representative Sells RFD Judiciary Rd 1 07-FEB-17

SYNOPSIS: Under existing law, there are certain aggravating circumstances listed for capital offenses.

This bill would include as an aggravating circumstance a victim of a capital offense who was a law enforcement officer or prison or jail guard or was less than 14 years of age.

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.

A BILL TO BE ENTITLED AN ACT

To amend Section 13A-5-49, Code of Alabama 1975, relating to aggravating circumstances for capital offenses, to include victims who were law enforcement officers or prison guards or who were less than a certain age; 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 13A-5-49, Code of Alabama 1975, is amended to read as follows:

§13A-5-49.

"Aggravating circumstances shall be the following:

"(1) The capital offense was committed by a person under sentence of imprisonment;

"(2) The defendant was previously convicted of another capital offense or a felony involving the use or threat of violence to the person;

"(3) The defendant knowingly created a great risk of death to many persons;

"(4) The capital offense was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit, rape, robbery, burglary or kidnapping;

"(5) The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody;

"(6) The capital offense was committed for pecuniary gain;

"(7) The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws;

"(8) The capital offense was especially heinous, atrocious, or cruel compared to other capital offenses;

"(9) The defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct; or

"(10) The capital offense was one of a series of intentional killings committed by the defendant.;

"(11) The victim of the capital offense was any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while the officer or guard was on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of the officer or guard; or

"(12) The victim of the capital offense was a victim who was less than 14 years of age."

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Crimes and Offenses

Criminal Law and Procedure

Capital Offenses

Law Enforcement Officers

Correctional Officers

Code Amended