HB8 By Representative Beckman RFD Judiciary Rd 1 02-FEB-16

SYNOPSIS: Existing law provides for the crime of child abuse if a person tortures, willfully abuses, cruelly beats, or otherwise willfully maltreats a child under the age of 18 years. Torture or willful abuse of a child under age 18 is a Class C felony. Existing law also provides for the crime of aggravated child abuse when a person commits repeated acts of physical or mental abuse of a child or causes serious physical injury. Aggravated child abuse is a Class B felony.

This bill would create the crime of aggravated child abuse of a child under age six to apply when a person commits repeated acts of physical or mental abuse or causes serious physical injury to a child under age six. This bill would make aggravated child abuse of a child under age six a Class A felony.

Amendment 621 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 Amendment 621. 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 Amendment 621.

A BILL TO BE ENTITLED AN ACT

Relating to child abuse; to provide for the crime of aggravated child abuse of a child less than six years of age; to provide for penalties; 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 26-15-3.2 is added to the Code of Alabama 1975, to read as follows:

§26-15-3.2

(a) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse of a child under the age of six if he or she does any of the following to a child under the age of six years:

(1) He or she violates the provisions of Section 26-15-3 by acts taking place on more than one occasion.

(2) He or she violates Section 26-15-3 and in so doing also violates a court order concerning the parties or injunction.

(3) He or she violates the provisions of Section 26-15-3 which causes serious physical injury, as defined in Section 13A-1-2, to the child.

(b) The crime of aggravated child abuse of a child under the age of six is a Class A 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 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.

Child Abuse

Crimes and Offenses

Criminal Law and Procedure

Children

Code Added