Alabama House Bill HB39

Alabama 2024 Regular Session

• Introduced: 2/6/24
• Report Pass: 4/3/24
• Refer: 2/6/24

Caption

Crimes & Offenses, creates the crime of virtual kidnapping & establishes penalties for violations

Impact

By instituting penalties for virtual kidnapping, the bill seeks to create greater legal accountability for individuals engaging in this form of intimidation. This change in legislation is expected to provide law enforcement with a clearer framework for addressing incidents that involve threats aimed at coercing individuals for property control. Local enforcement agencies may require training and resources to effectively implement and understand this new classification of crime.

Summary

House Bill 39 aims to establish the crime of virtual kidnapping in Alabama, defining it as threatening to confine, restrain, or cause physical injury to another person with the intent of obtaining control over someone else's property. This bill outlines that such actions, whether or not actual confinement or physical harm occurs, will be classified as a Class C felony. The intent behind the bill is to deter potential crimes involving threats of this nature, which may have become misunderstood or inadequately addressed under current law.

Contention

Notably, a point of contention surrounding HB39 is its approach regarding local expenditures and the impact on local governments. Although the bill will result in increased expenditures for local entities, it bypasses the requirement for a 2/3 vote approval typically necessary under Section 111.05 of the Alabama Constitution. Critics may argue that this could lead to budgetary strains on local jurisdictions without sufficient consultation or support, raising concerns about the balance between state legislative authority and local government's financial responsibilities.