1 SB3
2 213516-1
3 By Senator Shelnutt
4 RFD: Judiciary
5 First Read: 11-JAN-22
6 PFD: 05/20/2021
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1 213516-1:n:04/20/2021:CMH/bm LSA2021-1200
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8 SYNOPSIS: Under existing law, the crime of assault in
9 the second degree is committed when a person, with
10 an intent to prevent a peace officer, detention or
11 correctional officer, emergency medical personnel,
12 or firefighter from performing a lawful duty,
13 intends to cause physical injury and causes
14 physical injury to any person.
15 This bill would establish the crimes of
16 assault against a first responder in the first and
17 second degrees and would also further provide for
18 the crime of assault in the second degree to
19 reflect the creation of the crimes of assault
20 against a first responder in the first and second
21 degrees.
22 This bill would amend the crimes of riot and
23 inciting to riot and would establish the crimes of
24 aggravated riot and unlawful traffic interference.
25 This bill would include a mandatory period
26 of incarceration to serve that is not subject to
27 probation or parole.
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1 Under existing law, a person arrested for a
2 crime of domestic violence or elder abuse is
3 required to be held in custody until brought before
4 the court within 48 hours for the purpose of
5 consideration of bail.
6 This bill would provide that if a person is
7 arrested for committing a crime of assault against
8 a first responder, riot, inciting to riot,
9 aggravated riot, or unlawful traffic interference,
10 the person would be required to be held in custody
11 until brought before the court within 24 hours for
12 the purpose of consideration of bail, or if not
13 brought before the court within 24 hours, would be
14 subject to bail according to the Alabama Rules of
15 Criminal Procedure.
16 Under existing law, local law enforcement
17 agencies are primarily funded by the political
18 subdivisions of the state for whom the agencies
19 serve.
20 This bill would also provide that if a
21 political subdivision of the state dissolves or
22 defunds a local law enforcement agency, the
23 political subdivision may not receive any state
24 grant or aid money and may not receive any
25 allocation of any state revenues directly shared
26 with local governments that is not otherwise
27 required by the Constitution of Alabama of 1901,
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1 until the local law enforcement agency is fully
2 restored and funded, with exceptions.
3 Amendment 621 of the Constitution of Alabama
4 of 1901, as amended by Amendment 890, now appearing
5 as Section 111.05 of the Official Recompilation of
6 the Constitution of Alabama of 1901, as amended,
7 prohibits a general law whose purpose or effect
8 would be to require a new or increased expenditure
9 of local funds from becoming effective with regard
10 to a local governmental entity without enactment by
11 a 2/3 vote unless: it comes within one of a number
12 of specified exceptions; it is approved by the
13 affected entity; or the Legislature appropriates
14 funds, or provides a local source of revenue, to
15 the entity for the purpose.
16 The purpose or effect of this bill would be
17 to require a new or increased expenditure of local
18 funds within the meaning of the amendment. However,
19 the bill does not require approval of a local
20 governmental entity or enactment by a 2/3 vote to
21 become effective because it comes within one of the
22 specified exceptions contained in the amendment.
23
24 A BILL
25 TO BE ENTITLED
26 AN ACT
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1 Relating to crimes and offenses; to create the
2 Anti-Aggravated Riot Act; to amend Sections 13A-6-21,
3 13A-11-1, 13A-11-3, 13A-11-4, and 15-10-3, Code of Alabama
4 1975, and to add Sections 13A-11-3.1 and 13A-11-5.1 to the
5 Code of Alabama 1975, to create the crimes of assault against
6 a first responder in the first and second degrees; to further
7 provide for the crimes of riot and inciting to riot; to create
8 the crime of aggravated riot; to provide further for the crime
9 of assault in the second degree; to create the crime of
10 unlawful traffic interference; to further provide for
11 penalties for certain violations; to further provide for the
12 arrest, release, and bail of certain offenders; to provide
13 restrictions on the issuance of certain state funds to a
14 political subdivision that abolishes or reduces funding to a
15 local law enforcement agency under certain conditions; and in
16 connection therewith would have as its purpose or effect the
17 requirement of a new or increased expenditure of local funds
18 within the meaning of Amendment 621 of the Constitution of
19 Alabama of 1901, as amended by Amendment 890, now appearing as
20 Section 111.05 of the Official Recompilation of the
21 Constitution of Alabama of 1901, as amended.
22 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23 Section 1. This act shall be known and may be cited
24 as the Anti-Aggravated Riot Act.
25 Section 2. (a) As used in this section, the term
26 first responder includes state, local, and tribal law
27 enforcement officers; dogs or horses employed by a law
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1 enforcement agency for the principal purpose of aiding in the
2 detection of criminal activity, enforcement of laws, or
3 apprehension of criminal offenders; detention and correctional
4 officers at any municipal or county jail or state
5 penitentiary; fire department and voluntary fire department
6 personnel; and emergency medical personnel who are actively
7 employed or on active volunteer status.
8 (b) A person commits the crime of assault against a
9 first responder in the first degree when the person
10 intentionally does any of the following to a first responder
11 who is engaged in the performance of his or her official
12 duties:
13 (1) Causes serious physical injury to the first
14 responder.
15 (2) Causes physical injury by deadly weapon or
16 dangerous instrument to the first responder.
17 (3) Causes physical injury to the first responder by
18 strangulation or suffocation, or an attempt thereof.
19 (4) Causes physical injury to the first responder
20 during a riot, aggravated riot, or unlawful assembly.
21 (5) Causes or attempts to cause a first responder to
22 come into contact with bodily fluids, unless the first
23 responder consented to the contact or the contact was
24 necessary to provide medical care. For purposes of this
25 subdivision, bodily fluids has the same meaning as defined
26 under Section 13A-6-242, Code of Alabama 1975.
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1 (c) Assault against a first responder in the first
2 degree is a Class B felony. The defendant shall serve a
3 minimum term of imprisonment of six months without
4 consideration of probation, parole, good time credits, or any
5 other reduction in time.
6 (d) In addition to any fine, the defendant shall pay
7 restitution, including, but not limited to, all of the
8 following:
9 (1) Costs of any and all medical treatment by any
10 victim of the violation, including physical and occupational
11 therapy and rehabilitation.
12 (2) Costs of any damage to property, or full value
13 of property if destroyed or damaged beyond repair.
14 (3) Any and all other losses suffered by any victim
15 as a result of a violation of this section.
16 Section 3. (a) As used in this section, the term
17 first responder includes state, local, and tribal law
18 enforcement officers; dogs or horses employed by a law
19 enforcement agency for the principal purpose of aiding in the
20 detection of criminal activity, enforcement of laws, or
21 apprehension of criminal offenders; detention and correctional
22 officers at any municipal or county jail or state
23 penitentiary; fire department and voluntary fire department
24 personnel; and emergency medical personnel who are actively
25 employed or on active volunteer status.
26 (b) A person commits the crime of assault against a
27 first responder in the second degree when the person
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1 intentionally causes physical injury to a first responder who
2 is engaged in the performance of his or her official duties.
3 (c) Assault against a first responder in the second
4 degree is a Class C felony. The defendant shall serve a
5 minimum term of imprisonment of three months without
6 consideration of probation, parole, good time credits, or any
7 other reduction in time.
8 (d) In addition to any fine, the defendant shall pay
9 restitution, including, but not limited to, all of the
10 following:
11 (1) Costs of any and all medical treatment of or for
12 any victim of the violation, including physical and
13 occupational therapy and rehabilitation.
14 (2) Costs of any damage to property, or full value
15 of property if destroyed or damaged beyond repair.
16 (3) Any and all other losses suffered by any victim
17 as a result of a violation of this section.
18 Section 4. Section 13A-6-21, Code of Alabama 1975,
19 is amended to read as follows:
20 "13A-6-21.
21 "(a) A person commits the crime of assault in the
22 second degree if the person does any of the following:
23 "(1) With intent to cause serious physical injury to
24 another person, he or she causes serious physical injury to
25 any person.
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1 "(2) With intent to cause physical injury to another
2 person, he or she causes physical injury to any person by
3 means of a deadly weapon or a dangerous instrument.
4 "(3) He or she recklessly causes serious physical
5 injury to another person by means of a deadly weapon or a
6 dangerous instrument.
7 "(4) With intent to prevent a peace officer, as
8 defined in Section 36-21-60, a detention or correctional
9 officer at any municipal or county jail or state penitentiary,
10 emergency medical personnel, cause physical injury to a
11 utility worker, or a firefighter from performing a lawful
12 duty, he or she intends to cause physical injury and he or she
13 causes physical injury to any person. For the purpose of this
14 subdivision, a person who is a peace officer who is employed
15 or under contract while off duty by a private or public entity
16 is a peace officer performing a lawful duty when the person is
17 working in his or her approved uniform while off duty with the
18 approval of his or her employing law enforcement agency.
19 Provided, however, that nothing contained herein shall be
20 deemed or construed as amending, modifying, or extending the
21 classification of a peace officer as off-duty for workers
22 compensation purposes or any other benefits to which a peace
23 officer may otherwise be entitled to under law when considered
24 on-duty. Additionally, nothing contained herein shall be
25 deemed or construed as amending, modifying, or extending the
26 tort liability of any municipality as a result of any action
27 or inaction on the part of an off-duty police officer. For the
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1 purposes of this subdivision, utility worker means any person
2 who is employed by an entity that owns, operates, leases, or
3 controls any plant, property, or facility for the generation,
4 transmission, manufacture, production, supply, distribution,
5 sale, storage, conveyance, delivery, or furnishing to or for
6 the public of electricity, natural or manufactured gas, water,
7 steam, sewage, or telephone service, including two or more
8 utilities rendering joint service.
9 "(5) With intent to cause physical injury to a
10 teacher or to an employee of a public educational institution
11 during or as a result of the performance of his or her duty,
12 he or she causes physical injury to any person.
13 "(6) With intent to cause physical injury to a
14 health care worker, including a nurse, physician, technician,
15 or any other person employed by or practicing at a hospital as
16 defined in Section 22-21-20; a county or district health
17 department; a long-term care facility; or a physician's
18 office, clinic, or outpatient treatment facility during the
19 course of or as a result of the performance of the duties of
20 the health care worker or other person employed by or
21 practicing at the hospital; the county or district health
22 department; any health care facility owned or operated by the
23 State of Alabama; the long-term care facility; or the
24 physician's office, clinic, or outpatient treatment facility;
25 he or she causes physical injury to any person. This
26 subdivision shall not apply to assaults by patients who are
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1 impaired by medication or to assaults on home health care
2 workers while they are in private residences.
3 "(7) For a purpose other than lawful medical or
4 therapeutic treatment, he or she intentionally causes stupor,
5 unconsciousness, or other physical or mental impairment, or
6 injury to another person by administering to him or her,
7 without his or her consent, a drug, substance, or preparation
8 capable of producing the intended harm.
9 "(b) Assault in the second degree is a Class C
10 felony.
11 "(c) For the purposes of this section, utility
12 worker means any person who is employed by an entity that
13 owns, operates, leases, or controls any plant, property, or
14 facility for the generation, transmission, manufacture,
15 production, supply, distribution, sale, storage, conveyance,
16 delivery, or furnishing to or for the public of electricity,
17 natural or manufactured gas, water, steam, sewage, or
18 telephone service, including two or more utilities rendering
19 joint service.
20 Section 5. Sections 13A-11-1, 13A-11-3, and
21 13A-11-4, Code of Alabama 1975, are amended to read as
22 follows:
23 "13A-11-1.
24 "The following definitions apply in this article:
25 "(1) OBSTRUCT. To "obstruct" means to render
26 impassable without unreasonable inconvenience or hazard. A
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1 gathering of persons to hear a person speak or otherwise
2 communicate does not constitute an obstruction.
3 "(2) PUBLIC PLACE. A place to which the public or a
4 substantial group of persons has access, and includes but is
5 not limited to highways, transportation facilities, schools,
6 places of amusement, parks, playgrounds and hallways, lobbies
7 and other portions of apartment houses not constituting rooms
8 or apartments designed for actual residence; provided, that no
9 private dwelling and no place engaged for a private gathering
10 is included within the meaning of public place with respect to
11 any person specifically invited therein.
12 "(3) RIOT. The assemblage of five or more persons
13 resulting in conduct which does either of the following:
14 "a. Creates an immediate danger of damage to
15 property or injury to persons.
16 "b. Substantially obstructs law enforcement or other
17 governmental functions or services.
18 "(3) RIOT. The assemblage of five or more persons
19 resulting in conduct which creates an immediate danger of
20 damage to property or injury to persons.
21 "(3) (4) TRANSPORTATION FACILITY. Any conveyance,
22 premises or place used for or in connection with public
23 passenger transportation, whether by air, railroad, motor
24 vehicle or any other method. It includes aircraft, water
25 craft, railroad cars, buses and air, boat, railroad and bus
26 terminals and stations and all appurtenances thereto.
27 "13A-11-3.
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1 "(a) A person commits the crime of riot if, after
2 receiving an order to disperse by a law enforcement officer or
3 when in violation of a curfew, the person, with five or more
4 other persons, he wrongfully engages in tumultuous and violent
5 conduct and thereby intentionally or recklessly causes or
6 creates a grave risk of public terror or alarm intentionally
7 participates in a riot.
8 "(b) Riot is a Class A misdemeanor. The defendant
9 shall serve a minimum term of imprisonment of 30 days without
10 consideration of probation, parole, good time credits, or any
11 other reduction in time.
12 "(c) In addition to any fine, the defendant shall
13 pay restitution, including but not limited to all of the
14 following:
15 "(1) Costs of any and all medical treatment by any
16 victim of the violation, including physical and occupational
17 therapy and rehabilitat