HB 37 — Relating to crimes and offenses; to create the crime of making a terrorist threat in the second degree; to establish penalties for violations; to repeal Section 13A-10-15, Code of Alabama 1975, the existing crime of making a terrorist threat, and create the new crime of making a terrorist threat in the first degree; 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 Section 111.05 of the Constitution of Alabama of 2022.

HB37 INTRODUCEDENROLLED 5LUD63-15LUD63-2 By Representative Hill RFD:

07-Mar-23 PFD:2023 Regular Session Page 0 HB37 Enrolled Enrolled, An Act, 3 Relating to crimes and offenses;

23-Feb-23 Page 0 5LUD63-1 02/22/2023 CNB (L) tgw 2022-5037 2 4 SYNOPSIS:

Under existing law, the crime of making a terrorist threat is a Class C felony.

This bill would also create the crime of making a terrorist threat in the second degree and provide for penalties.

This bill would repeal the existing crime of making a terrorist threat and create the new crime of making a terrorist threat in the first degree.

Section 111.05 of the Constitution of Alabama of 2022, 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 the amendment.

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 Page 1 HB37 INTRODUCED contained in the amendment.

A BILL TO BE ENTITLED AN ACT Relating to crimes and offenses;

Page 2 HB37 INTRODUCED b.

The person intentionally and knowingly makes a Page 1 HB37 Enrolled statement verbally, in writing, by means of an electronic communication device, or by any other means to harm a person or property.

§13A-10-241 Page 3 HB37 INTRODUCED (a) A person commits the crime of making a terrorist threat in the first degree when he or she, based on an objective evaluation, credibly threatens to commit a crime of violence against a person or to damage any property by use of Page 2 HB37 Enrolled a bomb, explosive, weapon of mass destruction, firearm, deadly weapon, or other mechanism and any of the following occurs:

95 (3) The threat is with intent to retaliate against the victim because of his or her involvement or participation as any of the following:

§13A-10-242 (a) A person commits the crime of making a terrorist threat in the second degree when he or she, based on an Page 4 HB37 INTRODUCED objective evaluation, credibly threatens to commit a crime of violence against a person or to damage any property by use of a bomb, explosive, weapon of mass destruction, firearm, deadly weapon, or other mechanism.

Page 3 HB37 Enrolled (b) The crime of making a terrorist threat in the second degree is a Class A misdemeanor.

Page 54 HB37 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 11-Apr-23.

John Treadwell Clerk Senate 31-May-23 Passed Page 5