SB199INTRODUCED
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OQK3MJ-1
By Senator Orr
RFD: Veterans and Military Affairs
First Read: 11-Apr-23
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5 OQK3MJ-1 01/20/2023 THR (L) cr 2022-5057
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SYNOPSIS:
This bill would prohibit a person from picketing
or protesting at or near the residence of any
individual with the intent to harass or intimidate.
This bill would require law enforcement officers
to ask a person who is protesting to peacefully leave
the premises before placing that person under arrest.
This bill would allow municipalities or counties
to adopt ordinances or resolutions to regulate the time
and noise level of any picketing or protesting in a
residential area.
This bill would also provide criminal penalties
for violations.
Section 111.05 of the Constitution of Alabama of
2022 prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective 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
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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
Relating to crimes and offenses; to prohibit an
individual from picketing or protesting in certain
circumstances; to allow counties and municipalities to adopt
ordinances or regulations regarding time and noise regulations
in certain circumstances; to provide criminal penalties for
violations; and in connection therewith would have as its
purpose of 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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purpose of this section, the
following terms have the following meanings:
(1) LAW ENFORCEMENT OFFICER. An officer employed by the
state, or a county or municipality who is certified by the
Alabama Peace Officers' Standards and Training Commission and
who has the power to arrest.
(2) RESIDENCE. A building or structure, having a
physical address or street number, that provides shelter in
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which a person resides.
(b) No person shall picket or protest at or near a
residence occupied or used by any individual with the intent
to harass, intimidate, or disturb that individual or other
individuals who reside at that residence.
(c) A violation of this section is a Class C
misdemeanor. A second or subsequent violation of this section
is a Class B misdemeanor.
(d) Prior to making an arrest for a violation of this
section, a law enforcement officer shall instruct the person
who is picketing or protesting to immediately and peaceably
disperse.
(e) This section may be enforced by the Alabama State
Law Enforcement Agency if a local law enforcement agency fails
to enforce this section.
(f)(1) Municipalities and counties, by ordinance or
resolution, may adopt regulations to limit the time frame and
noise level of any picketing or protesting in residential
areas.
(2) Violations of ordinances or resolutions adopted
pursuant to this section shall be enforced in the same manner
as violations of this section.
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bills is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
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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.
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