15777-1:N:03/26/1999:FC/hh LRS1999-5636




HB183
By Representative Galliher
RFD Judiciary
Rd 1 01-FEB-2000


SYNOPSIS:Under existing law, a person commits the crime of reckless endangerment if he or she engages in conduct which creates a substantial risk of serious physical injury to another person when the conduct does not result in serious physical injury. Reckless endangerment is a Class A misdemeanor.
 This bill would create the crime of reckless endangerment by use of a firearm if a person intentionally fires a firearm in the direction of any person or an occupied dwelling and would make the offense a Class C felony.
 Amendment 621 of the Constitution of Alabama of 1901 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 Amendment 621. 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 Amendment 621.

A BILL
TO BE ENTITLED
AN ACT

To create the crime of reckless endangerment by use of a firearm; to provide penalties; 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 Amendment 621 of the Constitution of Alabama of 1901.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) A person commits the crime of reckless endangerment by use of a firearm if he or she intentionally fires a firearm in the direction of any person or an occupied dwelling which creates a substantial risk of serious physical injury to any person.

(b) Reckless endangerment by use of a firearm is a Class C felony.

Section 2. This act shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this act is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.

Section 3. 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 Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.


Crimes and Offenses
Firearms
Criminal Procedure
Reckless Endangerment