SB 199 — Relating to crimes and offenses; to prohibit an individual from picketing or protesting in certain circumstances; to allow counties and municipalities to adopt ordinances or regulations regarding time and noise regulations in certain circumstances; to provide criminal penalties for violations; and in connection therewith would have as its purpose of 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.

SB199 INTRODUCEDENGROSSED OQK3MJ-1OQK3MJ-2 By Senator Orr RFD:

11-Apr-23 2023 Regular Session Page 0 OQK3MJ-1SB199 01/20/2023Engrossed THR2 (L)4 cr6 2022-5057A 2BILL 4TO SYNOPSIS:BE ENTITLED AN ACT Relating to crimes and offenses;

This bill would prohibit a person from picketing or protesting at or near the residence of any individual with the intent to harass or intimidate.

This bill would require law enforcement officers to ask a person who is protesting to peacefully leave the premises before placing that person under arrest.

This bill would allow municipalities or counties to adopt ordinances or resolutions to regulate the time and noise level of any picketing or protesting in a residential area.

This bill would also provide criminal penalties for violations.

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 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 Page 1 SB199 INTRODUCED 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.

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

A building or structure, having a physical address or street number, that provides shelter in Page 2 SB199 INTRODUCED which a person resides.

Page 1 SB199 Engrossed (b) No person shall picket or protest at or near a residence occupied or used by any individual with the intent to harass, intimidate, or disturb that individual or other individuals who reside at that residence.

(d) Prior to making an arrest for a violation of this section, a law enforcement officer shall instruct the person who is picketing or protesting to immediately and peaceably disperse.disperse and shall give the person a reasonable period of time to follow the instructions.

(e)(e)(1) ThisMunicipalities sectionand maycounties, beby enforcedordinance byor theresolution, Alabamamay Stateadopt Lawreasonable Enforcementregulations Agencyto iflimit athe localtime lawframe enforcementand agencynoise failslevel toof enforceany thispicketing section.or protesting in residential areas.

(f)(1) Municipalities and counties, by ordinance or resolution, may adopt regulations to limit the time frame and noise level of any picketing or protesting in residential areas.

Page 3 SB199 INTRODUCED Section 3.

Page 42 SB199 Engrossed Senate Read for the first time and referred ................11-Apr-23 to the Senate committee on Veterans and Military Affairs Read for the second time and placed ................13-Apr-23 on the calendar:

0 amendments Read for the third time and passed ................02-May-23 as amended Yeas 32 Nays 0 Abstains 0 Patrick Harris, Secretary.

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