HB56INTRODUCED
Page 0
HB56
BE6S444-1
By Representatives Bolton, Starnes, Pettus, Bedsole, Brinyark
RFD: Public Safety and Homeland Security
First Read: 06-Feb-24
PFD: 12-Jan-24
1
2
3
4
5
6
7 BE6S444-1 11/20/2023 THR (L)THR 2023-3539
Page 1
PFD: 12-Jan-24
SYNOPSIS:
Under current law, it is a crime to give a false
name or address to a law enforcement officer in the
course of the officer's official duties with the intent
to mislead the officer.
This bill would also make it a crime to give a
false date of birth to a law enforcement officer in the
course of the officer's official duties with the intent
to mislead the officer.
Under current law, a law enforcement officer may
stop an individual the officer suspects is committing,
has committed, or is about to commit a felony or other
public offense and demand the individual's name,
address, and an explanation of the individual's
actions.
This bill would also authorize a law enforcement
officer to demand an individual's date of birth if the
officer suspects the individual is committing, has
committed, or is about to commit a felony or other
public offense.
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB56 INTRODUCED
Page 2
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 Sections
13A-9-18.1 and 15-5-30, Code of Alabama 1975; to further
provide for the information a law enforcement officer can
demand in the course of the officer's official duties; 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. Sections 13A-9-18.1 and 15-5-30, Code of
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 HB56 INTRODUCED
Page 3
Section 1. Sections 13A-9-18.1 and 15-5-30, Code of
Alabama 1975, are amended to read as follows:
"§13A-9-18.1
(a) A person commits the crime of giving a false name
or address information to a law enforcement officer if the
person gives a false name or, address, or date of birth to a
law enforcement officer in the course of the officer's
official duties with intent to mislead the officer.
(b) Giving a false name or address information to a law
enforcement officer is a Class A misdemeanor."
"§15-5-30
A sheriff or other officer acting as sheriff, his
deputy or any constable, acting within their respective
counties, any marshal, deputy marshal or policeman of any
incorporated city or town within the limits of the county or
any highway patrolman or state trooper law enforcement officer
may stop any person abroad individual in a public place whom
he the officer reasonably suspects is committing, has
committed, or is about to commit a felony or other public
offense and may demand of him the individual his or her name,
address, date of birth, and an explanation of his or her
actions."
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
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 HB56 INTRODUCED
Page 4
Section 3. This act shall become effective on October
1, 2024.85