HB 100 — Establishing penalties for crimes against election officials

HB100 ENGROSSEDENROLLED HB100 3K9MZZZ-23K9MZZZ-3 By Representative Clarke RFD:

05-Feb-24 Page 0 HB100 EngrossedEnrolled 2Enrolled, 4An 6Act, A BILL TO BE ENTITLED AN ACT Relating to crimes and offenses;

(2) On conviction of a Class B felony, the sentence Page 1 HB100 Engrossed shall not be less than 10 years.

Page 1 HB100 Enrolled (b) For purposes of subsection (a), a defendant who has been previously convicted of any felony and receives an enhanced sentence pursuant to this section is also subject to enhanced punishment under the Alabama Habitual Felony Offender Act, Section 13A-5-9.

That Section 177 Article VIII of the Constitution of Alabama of 19012022, now appearing as Section 177 of Article VIII of the Official Recompilation of the Constitution of Alabama of 1901, as amended, provides that Alabama citizens Page 2 HB100 Engrossed shall lose the right to vote when convicted of a crime only if the conviction was for a felony involving moral turpitude.

Neither individuals with felony convictions nor election officials have a comprehensive, authoritative source for determining if a felony conviction Page 2 HB100 Enrolled involves moral turpitude and is therefore a disqualifying felony.

(c) For purposes of Section 177 Article VIII of the Constitution of Alabama of 19012022, now appearing as Section 177 of Article VIII of the Official Recompilation of the Constitution of Alabama of 1901, as amended, a person an individual is disqualified to vote by reason of conviction of a felony involving moral turpitude only when convicted of any Page 3 HB100 Engrossed of the following offenses in a degree constituting a felony:

Subdivision (3) of subsection (a) of Section Page 3 HB100 Enrolled 13A-5-40.

Subdivision (4) of subsection (a) of Section 95 13A-5-40.

Subdivision (8) of subsection (a) of Section 95 13A-5-40.

Subdivision (13) of subsection (a) of Section Page 4 HB100 Engrossed 13A-5-40.

Subdivision (17) of subsection (a) of Section Page 4 HB100 Enrolled 13A-5-40.

Page 5 HB100 Engrossed (4)(11) Kidnapping in the first degree as defined in Section 13A-6-43.

Page 5 HB100 Enrolled (8)(15) Sexual torture as defined in Section 13A-6-65.1.

(18)(25) Soliciting or providing support for an act of Page 6 HB100 Engrossed terrorism as defined in Section 13A-10-153.

Page 6 HB100 Enrolled (22)(29) Selling, furnishing, giving away, delivering, or distribution of a destructive device, a bacteriological weapon, or biological weapon to a person who is less than 21 years of age as defined in Section 13A-10-194.

(28)(35) Possession or distribution of a destructive Page 7 HB100 Engrossed device or weapon intended to cause injury or destruction as defined in Section 13A-10-200.

(31)(38) Possession and possession with intent to Page 7 HB100 Enrolled disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-192.

(38)(45) Torture or other willful maltreatment of a child under the age of 18 years of age as defined in Section Page 8 HB100 Engrossed 26-15-3.

(42)(49) Aggravated theft by deception as defined in Page 8 HB100 Enrolled Section 13A-8-2.1.

(d) Any attempt as defined in Section 13A-4-2, conspiracy as defined in Sections 13A-4-3 and 13A-4-4, or solicitation as defined in Section 13A-4-1 to commit a crime Page 9 HB100 Engrossed of moral turpitude shall be considered a crime of moral turpitude for purposes of this section.

(e)(f) The felonies involving moral turpitude listed in subsection (c) are the only felonies for which a personan Page 9 HB100 Enrolled individual, upon conviction, may be disqualified from voting.

Page 10 HB100 EngrossedEnrolled House________________________________________________ Speaker of Representativesthe ReadHouse forof theRepresentatives first________________________________________________ timePresident and referredPresiding ................06-Feb-24Officer toof the Senate House of Representatives committeeI onhereby Judiciarycertify Readthat for the secondwithin timeAct originated in and placedwas ................04-Apr-24passed onby the calendar:House 16-Apr-24, as amended.

1 amendment Read for the third time and passed ................16-Apr-24 as amended Yeas 95 Nays 0 Abstains 5 John Treadwell Clerk Senate 08-May-24 Passed Page 11