Alabama House Bill HB428

Alabama 2023 Regular Session

• Introduced: 5/3/23
• Refer: 5/3/23
• Report Pass: 5/10/23
• Engrossed: 5/24/23
• Refer: 5/24/23
• Report Pass: 5/31/23

Caption

Relating to child abuse; to amend Sections 26-15-2 and 26-15-3, Code of Alabama 1975; to further define the crime of child abuse to include willful mistreatment; 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 Section 111.05 of the Constitution of Alabama of 2022.

Impact

Under the existing law, child abuse is categorized as a Class C felony. The proposed changes through HB428 would further classify acts involving intentional physical contact with young children and children with disabilities as child abuse. The legislation may lead to increased accountability for caregivers and responsible persons who engage in actions intended to harm these vulnerable individuals. The bill also specifies its alignment with state constitutional amendments concerning local expenditures, allowing it to bypass some legislative hurdles typically required for the approval of new expenditures at the local government level.

Summary

House Bill 428 aims to amend the existing child abuse laws in Alabama by expanding the definition of what constitutes child abuse. The bill specifically targets certain acts of physical contact involving children aged five years or younger and children with mental or developmental disabilities aged 17 or younger, wherein such contact is committed with the intent to cause physical injury. This defines a new category of child abuse, broadening the legal framework for addressing cases of child maltreatment and protecting vulnerable populations.

Contention

While the intent of HB428 is to enhance child protection measures, there could be notable contention surrounding its implementation. Critics might argue that the broad definition could lead to misunderstandings and misapplications of the law, potentially criminalizing unintentional actions by caregivers. As the legislation mandates stricter penalties and classifies more behaviors as abusive, the potential for overreach in legal interpretations and enforcement might raise concerns among advocacy groups for parents and caregivers, emphasizing the need for educational components accompanying the law's enforcement.