HB174INTRODUCED
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HB174
GX9MC26-1
By Representatives Drummond, Clarke, Jones, Bracy, Shirey,
Brown
RFD: Judiciary
First Read: 15-Feb-24
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6 GX9MC26-1 01/23/2024 THR (L)THR 2024-268
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First Read: 15-Feb-24
SYNOPSIS:
Under existing law, a person who discharges a
firearm, explosive, or other weapon that discharges a
dangerous projectile into an occupied dwelling,
building, railroad locomotive, railroad car, aircraft,
automobile, truck, or watercraft is guilty of a Class B
felony.
This bill would provide that a person who
discharges a firearm, explosive, or other weapon that
discharges a dangerous projectile into an occupied
dwelling, building, railroad locomotive, railroad car,
aircraft, automobile, truck, or watercraft is guilty of
a Class A felony.
Under existing law, a person who discharges a
firearm, explosive, or other weapon that discharges a
dangerous projectile into an unoccupied dwelling,
building, railroad locomotive, railroad car, aircraft,
automobile, truck, or watercraft is guilty of a Class C
felony.
This bill would provide that a person who
discharges a firearm, explosive, or other weapon that
discharges a dangerous projectile into an unoccupied
dwelling, building, railroad locomotive, railroad car,
aircraft, automobile, truck, or watercraft is guilty of
a Class A felony.
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a Class A felony.
This bill would make nonsubstantive, technical
revisions to update the existing code language to
current style.
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 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 section. 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 section.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Section
13A-11-61, Code of Alabama 1975; to further provide for the
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13A-11-61, Code of Alabama 1975; to further provide for the
crime of discharging a firearm in certain circumstances; to
make nonsubstantive, technical revisions to update the
existing code language to current style; 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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-11-61, Code of Alabama 1975, is
amended to read as follows:
"ยง13A-11-61
(a) No person shall shoot or discharge a firearm,
explosive, or other weapon which that discharges a dangerous
projectile into any occupied or unoccupied dwelling or,
building or, railroad locomotive or, railroad car, aircraft,
automobile, truck , or watercraft in this state.
(b) Any person who commits an act prohibited by
subsection (a) with respect to an occupied dwelling or
building or railroad locomotive or railroad car, aircraft,
automobile, truck or watercraft shall be deemed guilty of a
Class B A felony as defined by the state criminal code, and
upon conviction, shall be punished as prescribed by law .
(c) Any person who commits any act prohibited by
subsection (a) hereof with respect to an unoccupied dwelling
or building or railroad locomotive or railroad car, aircraft,
automobile, truck or watercraft shall be deemed guilty of a
Class C felony as defined by the state criminal code, and upon
conviction, shall be punished as prescribed by law. "
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conviction, shall be punished as prescribed by law. "
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 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.
Section 3. This act shall become effective on October
1, 2024.
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