1 HB368

2 116553-1

3 By Representatives Coleman, Ford, Fields, Gordon, Robinson

4 (O), Grantland, Williams (J), Spicer, Sherer, Hinshaw, Graham,

5 Gipson, Thomas (J), Martin, Morrow, Curtis, Hilliard, Todd,

6 Galliher, Howard, England, Boyd, Ball, Letson, McCampbell,

7 Vance, Beech, Rogers, McClammy, Hall and McAdory

8 RFD: Judiciary

9 First Read: 19-JAN-10

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1 116553-1:n:01/19/2010:KBH/mfp LRS2010-373

8 SYNOPSIS: Existing law provides for assault in the

9 second degree and classifies certain persons that

10 hold certain jobs as being protected from

11 intentional assault.

12 This bill would include utility workers in

13 the classification of certain persons that hold

14 certain jobs as being protected from intentional

15 assault.

16 Amendment 621 of the Constitution of Alabama

17 of 1901, now appearing as Section 111.05 of the

18 Official Recompilation of the Constitution of

19 Alabama of 1901, as amended, prohibits a general

20 law whose purpose or effect would be to require a

21 new or increased expenditure of local funds from

22 becoming effective with regard to a local

23 governmental entity without enactment by a 2/3 vote

24 unless: it comes within one of a number of

25 specified exceptions; it is approved by the

26 affected entity; or the Legislature appropriates

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1 funds, or provides a local source of revenue, to

2 the entity for the purpose.

3 The purpose or effect of this bill would be

4 to require a new or increased expenditure of local

5 funds within the meaning of the amendment. However,

6 the bill does not require approval of a local

7 governmental entity or enactment by a 2/3 vote to

8 become effective because it comes within one of the

9 specified exceptions contained in the amendment.

10

11 A BILL

12 TO BE ENTITLED

13 AN ACT

14

15 To amend Section 13A-6-21 of the Code of Alabama

16 1975, as amended by Act 2009-586, 2009 Regular Session (Acts

17 2009, p. 1722), relating to assault in the second degree; to

18 include utility workers as a protected class from intentional

19 assault; and in connection therewith would have as its purpose

20 or effect the requirement of a new or increased expenditure of

21 local funds within the meaning of Amendment 621 of the

22 Constitution of Alabama of 1901, now appearing as Section

23 111.05 of the Official Recompilation of the Constitution of

24 Alabama of 1901, as amended.

25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

26 Section 1. Section 13A-6-21, Code of Alabama 1975,

27 is amended to read as follows:

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1 "§13A-6-21.

2 "(a) A person commits the crime of assault in the

3 second degree if the person does any of the following:

4 "(1) With intent to cause serious physical injury to

5 another person, he or she causes serious physical injury to

6 any person.

7 "(2) With intent to cause physical injury to another

8 person, he or she causes physical injury to any person by

9 means of a deadly weapon or a dangerous instrument.

10 "(3) He or she recklessly causes serious physical

11 injury to another person by means of a deadly weapon or a

12 dangerous instrument.

13 "(4) With intent to prevent a peace officer, as

14 defined in Section 36-21-60, a detention or correctional

15 officer at any municipal or county jail or state penitentiary,

16 emergency medical personnel, a utility worker, or a

17 firefighter from performing a lawful duty, he or she intends

18 to cause physical injury and he or she causes physical injury

19 to any person.

20 "(5) With intent to cause physical injury to a

21 teacher or to an employee of a public educational institution

22 during or as a result of the performance of his or her duty,

23 he or she causes physical injury to any person.

24 "(6) With intent to cause physical injury to a

25 health care worker, including a nurse, physician, technician,

26 or any other person employed by or practicing at a hospital as

27 defined in Section 22-21-20; a county or district health

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1 department; a long-term care facility; or a physician's

2 office, clinic, or outpatient treatment facility during the

3 course of or as a result of the performance of the duties of

4 the health care worker or other person employed by or

5 practicing at the hospital; the county or district health

6 department; any health care facility owned or operated by the

7 State of Alabama; the long-term care facility; or the

8 physician's office, clinic, or outpatient treatment facility;

9 he or she causes physical injury to any person. This

10 subdivision shall not apply to assaults by patients who are

11 impaired by medication or to assaults on home health care

12 workers while they are in private residences.

13 "(7) For a purpose other than lawful medical or

14 therapeutic treatment, he or she intentionally causes stupor,

15 unconsciousness, or other physical or mental impairment or

16 injury to another person by administering to him or her,

17 without his or her consent, a drug, substance or preparation

18 capable of producing the intended harm.

19 "(b) Assault in the second degree is a Class C

20 felony.

21 "(c) For the purposes of this section, "utility

22 worker" means any person who is employed by an entity that

23 owns, operates, leases, or controls any plant, property, or

24 facility for the generation, transmission, manufacture,

25 production, supply, distribution, sale, storage, conveyance,

26 delivery, or furnishing to or for the public of electricity,

27 natural or manufactured gas, water, steam, sewage, or

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1 telephone service, including two or more utilities rendering

2 joint service."

3 Section 2. Although this bill would have as its

4 purpose or effect the requirement of a new or increased

5 expenditure of local funds, the bill is excluded from further

6 requirements and application under Amendment 621, now

7 appearing as Section 111.05 of the Official Recompilation of

8 the Constitution of Alabama of 1901, as amended, because the

9 bill defines a new crime or amends the definition of an

10 existing crime.

11 Section 3. This act shall become effective on the

12 first day of the third month following its passage and

13 approval by the Governor, or its otherwise becoming law.

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