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AL SB404

Bill

Status

Engrossed

4/26/2016

Primary Sponsor

Tim Melson

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Origin

Senate

Regular Session 2016

AI Summary

  • Amends Section 13A-11-163 of the Alabama Code to require that defamatory accusations of felonies or indictable offenses involving moral turpitude be made with "actual malice" (knowledge of falsity or reckless disregard for truth).

  • Adds language requiring that the person "with knowledge that a statement is false or with reckless disregard of whether it is false or not" publish or disseminate the false accusation to constitute the offense.

  • Maintains existing penalty of a fine not exceeding $500 and/or county jail time not exceeding six months as a Class B misdemeanor upon conviction.

  • Addresses constitutional concerns by establishing this as an amendment to the definition of an existing crime, thus exempting it from Amendment 621 local funding requirements.

  • Becomes effective on the first day of the third month following passage and Governor approval, with severability clause protecting remaining provisions if any part is declared invalid.

Legislative Description

Defamation, showing of actual malice required, Sec. 13A-11-163 am'd.

Crimes and Offenses

Last Action

Read for the first time and referred to the House of Representatives committee on Judiciary

4/26/2016

Committee Referrals

Judiciary4/26/2016
Judiciary4/12/2016

Full Bill Text

No bill text available