Some New Laws Which Begin Today - More To Be Posted Later Today

Rickey Stokes

Viewed: 7332

Posted by: RStokes
Date: Aug 01 2012 12:09 PM

ALABAMA:   Today marks the beginning of about 31 new laws in this state which were passed by members of the Alabama Legislature.

Here are a few. Working on article that outlines more which will be posted later today.

NEW OFFENSE – Prohibition of Text Messaging While Driving – provides that a person may not operate a motor vehicle on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication. Law Enforcement officers enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver. If a person 16 years of age or older commits this offense, since it is a non felony traffic offense, the person would go to district or municipal court.

AMENDMENT of Current Stalking Statues – Degrees of Stalking – the current 13A-6-90 and 13A-6-91 were amended to make stalking and aggravated stalking first-degree offenses ( Class C Felony and Class B Felony).

Sections 13A-6-90.1 and 13A-6-91.1 were added to provide for stalking and aggravated stalking in the Second Degree ( CLASS B misdemeanor and CLASS C Felony, respectively.) Stalking the in second degree may be charged when a person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communications, verbally or electronically, or otherwise, with another person, any member of the other person’s immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct.

Aggravated Stalking in the second degree is when a person violates the provisions of the second degree stalking statue and whose conduct in doing so also violates any court order ir injunction.

NEW OFFENSES – Impersonating A Public Servant or Peace Officer – provides that it is unlawful for a person too impersonate a state or local official or employee or a law enforcement officer in connection with a sham legal process by acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity by wither of the following: (1) Subjecting another person to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement in personal or property rights. (2) denying or impeding another person in the exercise or enjoyment of any right, privilege, power or immunity. A person violating this part is guilty of a Class B Misdemeanor.

The new offense also provides for a person to falsely assert authority of state law in connection with a sham legal process is guilty of a Class A Misdemeanor.

The new offense also provides that it is unlawful for a person to knowingly act, without authority under state law, as any judge, magistrate, hearing officers, juror, a clerk of court, a commissioned notary public, or another other official authorized to determine a controversy or adjudicate the rights or interests of others, or to sign a document as if authorized by state law. A person violating this chapter is guilty of a Class A misdemeanor.

The new offense also provide that it is unlawful for a person to falsely assert authority of law in an attempt to intimidate or hinder a state or local official or employee or a law enforcement officer in the discharge of official duties, by means of threats, harassment, physical abuse, or use of a sham legal process. A person violating this chapter is guilty of a Class C Felony.

CRIMINAL VIOLATIONS – Timber or other forest Products – Class A Misdemeanor – Amends Section 9-13-60 to include the removal of timber or forest products by deception as an unlawful act subject to the exiting criminal penalties.

NEW OFFENSE – Looting – a Class C Felony – a person commits the crime of looting if the person intentionally enters without authorization any building or real property during a state of emergency and obtains, exterts control over, damages, or removes the property of another person without lawful authority.

AMENDMENT OF Crimes of Distrupting A Funeral – amends 13A-11-17, relating to the crime of disrupting a funeral, to change the minimum distance  for protesting at a funeral from 500 feet to 1000 feet – Class A Misdemeanor and for second and subsequent offenses a Class C felony.

NEW CRIME – Disarming a Law Enforcement/Corrections Officer – Class C Felony – a person commits this offense if he or she intentionally removes a firearm or weapon from a law enforcement or corrections officer or deprives such officer of the use of a firearm or weapon when the officer is acting within the scope of his or her duties and the person knows or reasonably should have known that the individual is a law enforcement or corrections officer.

AMENDMENT to Alabama Move Over Act – Class C Misdemeanor – Amends 32-5A-58.2 to include utility vehicles in the type of vehicles on the roadsides which the driver of another motor vehicle is required to move over or slow down when approaching.

AMENDMENT of Mandatory School Age Attendance Age from 7 to 6 years – amends 16-28-3 to decrease the minimum age of children required to attend public school from seven to six years of age.

This is a few. Working on other laws which come into existence today. Will work on those

 

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