HB 428 — Relating to child abuse; to amend Sections 26-15-2 and 26-15-3, Code of Alabama 1975; to further define the crime of child abuse to include willful mistreatment; 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.

HB428 INTRODUCEDENGROSSED NGSVTT-1NGSVTT-2 By Representatives Starnes, Bolton, Pettus, Bedsole, Wadsworth, Stringer RFD:

03-May-23 2023 Regular Session Page 0 NGSVTT-1HB428 5/2/2023Engrossed GP2 (L)4 lg6 2023-18788 2A 4BILL SYNOPSIS:TO BE ENTITLED AN ACT Relating to child abuse;

Underto existingamend law,Sections child26-15-2 abuseand is26-15-3, aCode Classof CAlabama felony.1975;

Thisto billfurther woulddefine expand the definitioncrime of child abuse to include certainwillful physicalmistreatment; contact of a child five years of age or under and certain physical contact of children with certain mental or developmental disabilities who are 17 years of age or younger, provided the contact was committed with the intent to cause physical injury.

Sectionand 111.05in ofconnection thetherewith Constitutionwould ofhave Alabamaas ofits 2022, prohibits a general law whose purpose or effect wouldthe berequirement toof require a new or increased expenditure of local funds fromwithin becomingthe effectivemeaning withof regardSection to111.05 aof localthe governmentalConstitution entityof withoutAlabama enactmentof by2022. a 2/3 vote unless:

itBE comesIT withinENACTED oneBY ofTHE aLEGISLATURE numberOF ofALABAMA: 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 Page 1 HB428 INTRODUCED because it comes within one of the specified exceptions contained in the amendment.Under existing law, child abuse is a Class C felony.

This bill would expand the definition of child abuse to include certain physical contact of a child five years of age or under and certain physical contact of children with certain mental or developmental disabilities who are 17 years of age or younger, provided the contact was committed with the intent to cause physical injury.

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 contained in the amendment.

Page 2 HB428 INTRODUCED A BILL TO BE ENTITLED AN ACT Relating to child abuse;

to amend Section 26-15-3, Code of Alabama 1975;

to further provide for the crime of child abuse;

andRelating to child abuse;

to amend Section 26-15-3, Code of Alabama 1975;

to BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

SectionSections 26-15-2 and 26-15-3, Code of Alabama 1975, isare amended to read as follows:

"§26-15-3"§26-15-2 (a)As Aused personin commitsthis thechapter, crime of child abuse if he or she, being a responsible person, does any of the followingasfollowing definedterms in Section 26-15-2, who shall torture,have willfully abuse, cruelly beat, or otherwise willfully maltreat any child under the agefollowing ofmeanings: 18 years shall, on conviction, be guilty of :

(1) HeCHEMICAL orSUBSTANCE. she tortures, willfully abuses, cruelly beats, or otherwise willfully maltreats a child 17 years of age or younger.

(2)A Withsubstance theintended intent to causebe physicalused injury,as hea orprecursor shein strikes,the shoves,manufacture kicks,of a controlled substance, or otherwiseany subjectsother achemical childintended fiveto yearsbe ofused agein orthe youngermanufacture toPage physical1 contact.HB428 Engrossed of a controlled substance.

(3)Intent Withunder thethis intentsubdivision tomay causebe physicaldemonstrated injury,by hethe orsubstance's sheuse, Pagequantity, 3manner HB428of INTRODUCEDstorage, strikes, shoves, kicks, or subjectsproximity to physicalother contactprecursors, a child 17 years of age or youngerto inmanufacturing eitherequipment. of the following scenarios:

a.(2) CONTROLLED SUBSTANCE.

TheControlled childsubstance isas mentallydefined orin developmentallysubdivision disabled(4) orof hasSection been20-2-2. diagnosed with a mental or developmental disorder.

b.(3) DRUG PARAPHERNALIA.

TheDrug childparaphernalia isas otherwisedefined physicallyin limitedSection or13A-12-260. unable to communicate.

(b)(4) ChildMISTREAT. abuse is a Class C felony.

(c)Any Forintentional thebehavior purposesthat ofinflicts thisunnecessary section,or theunjustifiable termpain "physicalor injury"suffering shallon havea thechild samewithout meaningcausing asphysical 13A-1-2."injury Sectionto 2.the child.

Although(4)(5) thisRESPONSIBLE billPERSON. 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 Section 111.05 of the Constitution of Alabama of 2022, because the bill defines a new crime or amends the definition of an existing crime.

A child's natural parent, stepparent, adoptive parent, legal guardian, custodian, or any other person who has the permanent or temporary care or custody or responsibility for the supervision of a child.

(5)(6) SERIOUS PHYSICAL INJURY.

Serious physical injury as defined in Section 13A-1-2." "§26-15-3 A responsible person, as defined in Section 26-15-2, who shall torture, willfully abuse, willfully mistreat, cruelly beat, or otherwise willfully maltreat any child under the age of 18 years shall, on conviction, be guilty of a Class C felony." Section 2.

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 Section 111.05 of the Constitution of Page 2 HB428 Engrossed Alabama of 2022, because the bill defines a new crime or amends the definition of an existing crime.

Page 43 HB428 Engrossed House of Representatives Read for the first time and referred ................03-May-23 to the House of Representatives committee on Judiciary Read for the second time and placed ................11-May-23 on the calendar: