Amendment vs bill Amendment BCW544-1 vs Enrolled

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SB83 ENROLLED XDWOE7-3 By Senator Weaver RFD:
BCW544-1 :
Judiciary First Read:
4/25/2023 :
21-Mar-23 2023 Regular Session Page 0 SB83 Enrolled Enrolled, An Act, 3 5 7 Relating to child abuse;
GP AMENDMENT TO SB83 1ST JUDICIARY AMENDMENT TO SB83 OFFERED BY SENATOR WEAVER 2 4 Replace line 49 on page 2 with the following:
to amend Sections 26-15-2 and 26-15-3, Code of Alabama 1975;
she, being a responsible person, does either of the followingas 9 Replace lines 57 through 68 on page 3 with the following:
to further define the crime of child abuse to include willful mistreatment;
strikes, shoves, kicks, or otherwise subjects a child 17 years of age or younger to physical contact.
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.
(b) There is a rebuttable presumption that child abuse has occurred if the child meets any of the following criteria:
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
(1) The child is five years of age or younger.
Section 1.
(2) The child is mentally or developmentally disabled or has been diagnosed with a mental or developmental disorder, regardless of the child's age.
Sections 26-15-2 and 26-15-3, Code of Alabama 1975, are amended to read as follows:
(3) The child is otherwise physically limited or unable to communicate, regardless of the child's age.
"§26-15-2 As used in this chapter, the following terms shall have the following meanings:
(c) Child abuse is a Class C felony.
(1) CHEMICAL SUBSTANCE.
(d) For the purposes of this section, the term Page 1
A substance intended to be used as a precursor in the manufacture of a controlled substance, or any other chemical intended to be used in the manufacture of a controlled substance.
Intent under this subdivision may be demonstrated by the substance's use, quantity, manner of storage, or proximity to other precursors, or to manufacturing equipment.
(2) CONTROLLED SUBSTANCE.
Controlled substance as defined in subdivision (4) of Section 20-2-2.
Page 1 SB83 Enrolled (3) DRUG PARAPHERNALIA.
Drug paraphernalia as defined in Section 13A-12-260.
(4) MISTREAT.
Any intentional behavior that inflicts unnecessary or unjustifiable pain or suffering on a child without causing physical injury to the child.
(4)(5) RESPONSIBLE PERSON.
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 Alabama of 2022, because the bill defines a new crime or amends the definition of an existing crime.
Section 3.
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.
Page 2 SB83 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB83 Senate 18-May-23 I hereby certify that the within Act originated in and passed the Senate, as amended.
Patrick Harris, Secretary.
House of Representatives Passed:
01-Jun-23 By:
Senator Weaver Page 3