England Pre-Files Bills To Address Penalties In State's Handgun, Abortion Laws

TUSCALOOSA, AL — One Tuscaloosa-area policymaker has pre-filed a bill ahead of the 2023 Alabama legislative session that would add a penalty in the state's new handgun law for those whose fail to inform law enforcement that they are in possession of a concealed pistol.

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As Patch previously reported, the new law went into effect on Jan. 1 and effectively repealed the state's pistol permit requirement for concealed carry. However, the law did not include a specific penalty for those who violate the "duty to inform" statute that requires gun owners to notify law enforcement that they are armed when asked by an officer.

This has presented a point of contention for many and prompted State Rep. Chris England, a Democrat from Tuscaloosa, to pre-file a bill — House Bill 12 — that would make a violation of the statute a Class A misdemeanor.

If passed by both chambers of the legislature and signed into law by the governor, the bill would become law on the first day of the third month following its passage.

The local push to close up the perceived loophole in the law, as Patch previously reported, began with the City of Tuscaloosa mulling the possibility of seeking an opinion from the Alabama Attorney General's Office, coupled with vocal opposition from Tuscaloosa County Sheriff Ron Abernathy concerning how the law on the books is written.

ALSO READ: BamaCarry Defends New Handgun Law Despite Law Enforcement Concerns

The primary worries expressed by local officials range from officer safety to school security, as some argue that the law is intentionally vague in its parameters.

What's more, many county sheriffs across Alabama have lamented the loss of revenue generated by the sale of pistol permits. On this front, Patch reported earlier this month that the Alabama Department of Economic and Community Affairs has approved grant funding for Tuscaloosa County and other counties to cover any lost revenue after a new state law went into effect.

OTHER PRE-FILED LEGISLATION FROM ENGLAND

• House Bill 13 — This bill would allow any municipality to authorize a law enforcement officer to issue a summons and complaint as opposed to a custodial arrest for certain criminal offenses.
• House Bill 14 — This legislation would require unanimous approval by jurors to impose a sentence of death on offenders. Additionally, this bill would provide that a defendant may be resentenced if a judge hands down any sentence other than the jury's advisory sentence and if their death sentence was not unanimous.
• House Bill 15 — This bill would allow the governing body of a municipality to reduce or eliminate its local sales and use tax rate on food items. At present, counties and municipalities do not have the authority to establish a reduced sales tax rate for individual items or exempt items from local sales and use tax.
• House Bill 16 — If passed, this bill would establish the Criminal Justice Policy Development Council to oversee the development and implementation of validated risk and needs assessments for offenders, parole guidelines, and classification guidelines of inmates. As the current law is written, the Board of Pardons and Paroles uses parole release guidelines as an aid in the parole process, while this bill would require the Alabama Board of Pardons and Paroles to use parole release guidelines created by the Criminal Justice Policy Development Council in its parole decisions.
• House Bill 17 — This bill aims to repeal the law making it a misdemeanor to induce or attempt to induce an abortion, miscarriage, or premature delivery.
• House Bill 18 — This bill would require the Alabama Department of Corrections (ADOC) to make monthly reports to the Joint Legislative Prison Oversight Committee. As the current law is written, ADOC is required to make certain reports to the Joint Legislative Prison Oversight Committee quarterly.
• House Bill 19 — If passed, this bill would change the definition of "intellectually disabled person" and allow defendants an additional opportunity to present evidence of intellectual disability.

The 2023 Alabama legislative session is set to convene at noon on Monday, April 10, with final adjournment scheduled for no later than 6 p.m. on Thursday June 8.

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