HB407 By Representatives South, Jones, Farley, Ball, England, Boothe, Rowe and Treadaway RFD Public Safety and Homeland Security Rd 1 15-MAR-16

SYNOPSIS: Under existing law a person commits the crime of menacing, a Class B misdemeanor, if he or she, by physical action, intentionally places or attempts to place another person in fear of imminent serious physical injury.

This bill would provide that menacing by threatening a law enforcement officer with a pistol, firearm, or other deadly weapon is a Class C felony.

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-6-23, Code of Alabama 1975, relating to menacing, to provide an enhanced criminal penalty for threatening a law enforcement officer with a pistol, firearm, or other deadly weapon; 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-6-23, Code of Alabama 1975, is amended to read as follows:

§13A-6-23.

"(a) A person commits the crime of menacing if, by physical action, he or she intentionally places or attempts to place another person in fear of imminent serious physical injury.

"(b) Menacing is a Class B misdemeanor, unless the person threatens a law enforcement officer, as defined in Section 36-21-40, Code of Alabama 1975, with a pistol, firearm, or other deadly weapon, in which case, it is a Class C felony.

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

Law Enforcement Officers

Firearms

Code Amended