Alabama 2023 Regular Session

Alabama Senate Bill SB199 Compare Versions

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Old	New	Differences
1	1	SB199INTRODUCED
2	2	Page 0
3	3	OQK3MJ-1
4	4	By Senator Orr
5	5	RFD: Veterans and Military Affairs
6	6	First Read: 11-Apr-23
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11	11	5 OQK3MJ-1 01/20/2023 THR (L) cr 2022-5057
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13	13	SYNOPSIS:
14	14	This bill would prohibit a person from picketing
15	15	or protesting at or near the residence of any
16	16	individual with the intent to harass or intimidate.
17	17	This bill would require law enforcement officers
18	18	to ask a person who is protesting to peacefully leave
19	19	the premises before placing that person under arrest.
20	20	This bill would allow municipalities or counties
21	21	to adopt ordinances or resolutions to regulate the time
22	22	and noise level of any picketing or protesting in a
23	23	residential area.
24	24	This bill would also provide criminal penalties
25	25	for violations.
26	26	Section 111.05 of the Constitution of Alabama of
27	27	2022 prohibits a general law whose purpose or effect
28	28	would be to require a new or increased expenditure of
29	29	local funds from becoming effective without enactment
30	30	by a 2/3 vote unless: it comes within one of a number
31	31	of specified exceptions; it is approved by the affected
32	32	entity; or the Legislature appropriates funds, or
33	33	provides a local source of revenue, to the entity for
34	34	the purpose.
35	35	The purpose or effect of this bill would be to
36	36	require a new or increased expenditure of local funds
37	37	within the meaning of the amendment. However, the bill
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67	67	does not require approval of a local governmental
68	68	entity or enactment by a 2/3 vote to become effective
69	69	because it comes within one of the specified exceptions
70	70	contained in the amendment.
71	71	A BILL
72	72	TO BE ENTITLED
73	73	AN ACT
74	74	Relating to crimes and offenses; to prohibit an
75	75	individual from picketing or protesting in certain
76	76	circumstances; to allow counties and municipalities to adopt
77	77	ordinances or regulations regarding time and noise regulations
78	78	in certain circumstances; to provide criminal penalties for
79	79	violations; and in connection therewith would have as its
80	80	purpose of effect the requirement of a new or increased
81	81	expenditure of local funds within the meaning of Section
82	82	111.05 of the Constitution of Alabama of 2022.
83	83	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
84	84	Section 1. (a) For the purpose of this section, the
85	85	following terms have the following meanings:
86	86	(1) LAW ENFORCEMENT OFFICER. An officer employed by the
87	87	state, or a county or municipality who is certified by the
88	88	Alabama Peace Officers' Standards and Training Commission and
89	89	who has the power to arrest.
90	90	(2) RESIDENCE. A building or structure, having a
91	91	physical address or street number, that provides shelter in
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121	121	which a person resides.
122	122	(b) No person shall picket or protest at or near a
123	123	residence occupied or used by any individual with the intent
124	124	to harass, intimidate, or disturb that individual or other
125	125	individuals who reside at that residence.
126	126	(c) A violation of this section is a Class C
127	127	misdemeanor. A second or subsequent violation of this section
128	128	is a Class B misdemeanor.
129	129	(d) Prior to making an arrest for a violation of this
130	130	section, a law enforcement officer shall instruct the person
131	131	who is picketing or protesting to immediately and peaceably
132	132	disperse.
133	133	(e) This section may be enforced by the Alabama State
134	134	Law Enforcement Agency if a local law enforcement agency fails
135	135	to enforce this section.
136	136	(f)(1) Municipalities and counties, by ordinance or
137	137	resolution, may adopt regulations to limit the time frame and
138	138	noise level of any picketing or protesting in residential
139	139	areas.
140	140	(2) Violations of ordinances or resolutions adopted
141	141	pursuant to this section shall be enforced in the same manner
142	142	as violations of this section.
143	143	Section 2. Although this bill would have as its purpose
144	144	or effect the requirement of a new or increased expenditure of
145	145	local funds, the bills is excluded from further requirements
146	146	and application under Section 111.05 of the Constitution of
147	147	Alabama of 2022, because the bill defines a new crime or
148	148	amends the definition of an existing crime.
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178	178	Section 3. This act shall become effective on the first
179	179	day of the third month following its passage and approval by
180	180	the Governor, or its otherwise becoming law.
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