Alabama 2024 Regular Session

Alabama House Bill HB174 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB174ENGROSSED~~
	1	+	HB174INTRODUCED
2	2		Page 0
3	3		HB174
4		-	~~8J7YFFF-2~~
	4	+	GX9MC26-1
5	5		By Representatives Drummond, Clarke, Jones, Bracy, Shirey,
6	6		Brown
7	7		RFD: Judiciary
8	8		First Read: 15-Feb-24
9	9		1
10	10		2
11	11		3
12	12		4
13	13		5
14		-	6 ~~HB174 Engrossed~~
	14	+	6 GX9MC26-1 01/23/2024 THR (L)THR 2024-268
15	15		Page 1
16	16		First Read: 15-Feb-24
17		-	A BILL
18		-	TO BE ENTITLED
19		-	AN ACT
20		-	Relating to crimes and offenses; to amend Section
21		-	13A-11-61, Code of Alabama 1975; to further provide for the
22		-	crime of discharging a firearm in certain circumstances; to
23		-	make nonsubstantive, technical revisions to update the
24		-	existing code language to current style; and in connection
25		-	therewith would have as its purpose or effect the requirement
26		-	of a new or increased expenditure of local funds within the
27		-	meaning of Section 111.05 of the Constitution of Alabama of
28		-	2022.
29		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
30		-	Section 1. Section 13A-11-61, Code of Alabama 1975, is
31		-	amended to read as follows:
32		-	"§13A-11-61
33		-	(a) No person shall shoot or discharge a firearm,
34		-	explosive, or other weapon which that discharges a dangerous
35		-	projectile into any occupied or unoccupied dwelling or,
36		-	building or, railroad locomotive or, railroad car, aircraft,
37		-	automobile, truck , or watercraft in this state.
38		-	(b) Any person who commits an act prohibited by
	17	+	SYNOPSIS:
	18	+	Under existing law, a person who discharges a
	19	+	firearm, explosive, or other weapon that discharges a
	20	+	dangerous projectile into an occupied dwelling,
	21	+	building, railroad locomotive, railroad car, aircraft,
	22	+	automobile, truck, or watercraft is guilty of a Class B
	23	+	felony.
	24	+	This bill would provide that a person who
	25	+	discharges a firearm, explosive, or other weapon that
	26	+	discharges a dangerous projectile into an occupied
	27	+	dwelling, building, railroad locomotive, railroad car,
	28	+	aircraft, automobile, truck, or watercraft is guilty of
	29	+	a Class A felony.
	30	+	Under existing law, a person who discharges a
	31	+	firearm, explosive, or other weapon that discharges a
	32	+	dangerous projectile into an unoccupied dwelling,
	33	+	building, railroad locomotive, railroad car, aircraft,
	34	+	automobile, truck, or watercraft is guilty of a Class C
	35	+	felony.
	36	+	This bill would provide that a person who
	37	+	discharges a firearm, explosive, or other weapon that
	38	+	discharges a dangerous projectile into an unoccupied
	39	+	dwelling, building, railroad locomotive, railroad car,
	40	+	aircraft, automobile, truck, or watercraft is guilty of
	41	+	a Class A felony.
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66		-	28 HB174 ~~Engrossed~~
	69	+	28 HB174 INTRODUCED
67	70		Page 2
68		-	(b) Any person who commits an act prohibited by
69		-	subsection (a) with respect to an occupied dwelling or,
70		-	building or, railroad locomotive or, railroad car, aircraft,
71		-	automobile, truck , or watercraft shall be deemed guilty of a
72		-	Class B A felony as defined by the state criminal code, and
73		-	upon conviction, shall be punished as prescribed by law .
74		-	(c) Any person who commits any an act prohibited by
75		-	subsection (a) hereof with respect to an unoccupied dwelling
76		-	or, building or, railroad locomotive or, railroad car,
77		-	aircraft, automobile, truck , or watercraft shall be deemed
78		-	guilty of a Class C felony as defined by the state criminal
79		-	code, and upon conviction, shall be punished as prescribed by
80		-	law."
81		-	Section 2. Although this bill would have as its purpose
82		-	or effect the requirement of a new or increased expenditure of
83		-	local funds, the bill is excluded from further requirements
84		-	and application under Section 111.05 of the Constitution of
85		-	Alabama of 2022, because the bill defines a new crime or
86		-	amends the definition of an existing crime.
87		-	Section 3. This act shall become effective on October
88		-	1, 2024.
	71	+	a Class A felony.
	72	+	This bill would make nonsubstantive, technical
	73	+	revisions to update the existing code language to
	74	+	current style.
	75	+	Section 111.05 of the Constitution of Alabama of
	76	+	2022, prohibits a general law whose purpose or effect
	77	+	would be to require a new or increased expenditure of
	78	+	local funds from becoming effective with regard to a
	79	+	local governmental entity without enactment by a 2/3
	80	+	vote unless: it comes within one of a number of
	81	+	specified exceptions; it is approved by the affected
	82	+	entity; or the Legislature appropriates funds, or
	83	+	provides a local source of revenue, to the entity for
	84	+	the purpose.
	85	+	The purpose or effect of this bill would be to
	86	+	require a new or increased expenditure of local funds
	87	+	within the meaning of the section. However, the bill
	88	+	does not require approval of a local governmental
	89	+	entity or enactment by a 2/3 vote to become effective
	90	+	because it comes within one of the specified exceptions
	91	+	contained in the section.
	92	+	A BILL
	93	+	TO BE ENTITLED
	94	+	AN ACT
	95	+	Relating to crimes and offenses; to amend Section
	96	+	13A-11-61, Code of Alabama 1975; to further provide for the
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102	110		42
103	111		43
104	112		44
105	113		45
106	114		46
107	115		47
108		-	48 HB174 Engrossed
109		-	Page 3
110		-	1, 2024.
111		-	House of Representatives
112		-	Read for the first time and referred
113		-	to the House of Representatives
114		-	committee on Judiciary
115		-	................15-Feb-24
116		-	Read for the second time and placed
117		-	on the calendar:
118		-	1 amendment
119		-	................28-Feb-24
120		-	Read for the third time and passed
121		-	as amended
122		-	Yeas 84
123		-	Nays 0
124		-	Abstains 18
125		-	................23-Apr-24
126		-	John Treadwell
127		-	Clerk
	116	+	48
128	117		49
129	118		50
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135		-	56
	124	+	56 HB174 INTRODUCED
	125	+	Page 3
	126	+	13A-11-61, Code of Alabama 1975; to further provide for the
	127	+	crime of discharging a firearm in certain circumstances; to
	128	+	make nonsubstantive, technical revisions to update the
	129	+	existing code language to current style; and in connection
	130	+	therewith would have as its purpose or effect the requirement
	131	+	of a new or increased expenditure of local funds within the
	132	+	meaning of Section 111.05 of the Constitution of Alabama of
	133	+	2022.
	134	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	135	+	Section 1. Section 13A-11-61, Code of Alabama 1975, is
	136	+	amended to read as follows:
	137	+	"§13A-11-61
	138	+	(a) No person shall shoot or discharge a firearm,
	139	+	explosive, or other weapon which that discharges a dangerous
	140	+	projectile into any occupied or unoccupied dwelling or,
	141	+	building or, railroad locomotive or, railroad car, aircraft,
	142	+	automobile, truck , or watercraft in this state.
	143	+	(b) Any person who commits an act prohibited by
	144	+	subsection (a) with respect to an occupied dwelling or
	145	+	building or railroad locomotive or railroad car, aircraft,
	146	+	automobile, truck or watercraft shall be deemed guilty of a
	147	+	Class B A felony as defined by the state criminal code, and
	148	+	upon conviction, shall be punished as prescribed by law .
	149	+	(c) Any person who commits any act prohibited by
	150	+	subsection (a) hereof with respect to an unoccupied dwelling
	151	+	or building or railroad locomotive or railroad car, aircraft,
	152	+	automobile, truck or watercraft shall be deemed guilty of a
	153	+	Class C felony as defined by the state criminal code, and upon
	154	+	conviction, shall be punished as prescribed by law. "
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	182	+	84 HB174 INTRODUCED
	183	+	Page 4
	184	+	conviction, shall be punished as prescribed by law. "
	185	+	Section 2. Although this bill would have as its purpose
	186	+	or effect the requirement of a new or increased expenditure of
	187	+	local funds, the bill is excluded from further requirements
	188	+	and application under Section 111.05 of the Constitution of
	189	+	Alabama of 2022, because the bill defines a new crime or
	190	+	amends the definition of an existing crime.
	191	+	Section 3. This act shall become effective on October
	192	+	1, 2024.
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	194	+	86
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