By Sen. Larry Stutts
Since my last column, the Alabama Legislature’s 2016 session has begun and the House and Senate have met for two legislative weeks. My goal during the session is to provide you, from time to time, with updates on the legislative action in Montgomery to keep you informed on what your state government is doing.
A key focus of Senate Republicans this year is passing legislation that will strengthen protections for children against abuse. Every month, I read or hear tragic stories of children suffering from abuse. As a father and grandfather, I am sickened every time these reports surface on the news.
The crime of child abuse deserves harsh punishment. Unfortunately, under current Alabama law, unless prosecutors can prove a premeditated intent to kill, adults who abuse children to the point of death can merely be charged with manslaughter, the maximum punishment for which is 20 years. So even if there is a pattern of physical abuse that directly results in a child’s death, the abuser might only serve two, five or 20 years at the most in prison.
This differs from instances of theft and rape, where if a person is killed in the process of the crime, the guilty party can be charged with murder.
To close this loophole, the Senate passed Ava’s Law (SB22) last week to ensure that if a child is killed during abuse, the person responsible can be charged with murder. Child abuse is a serious crime, especially when it results in a death. The charge of murder is appropriate for such a horrific deed.
Another bill, Winston’s Law (SB23), provides further protections for the most vulnerable children by stipulating that multiple instances of aggravated abuse of children under the age of six years is a Class A felony. Currently, child abuse is a Class B felony with a penalty of two to 20 years. Should SB23 pass the House, as I believe it will, the Class A felony designation will mean persons convicted of abusing on multiple occasions children under the age of six could face life in prison.
Another disturbing trend across the country recently has been local governments passing onerous taxes and regulations on the sale of guns and ammunition, part of an effort to restrict gun ownership through “gun violence fees.” The city council in Seattle passed an ordinance in December imposing a $25 tax on all new gun purchases and a fee of two to five cents on each round of ammo sold.
The city of Lowell, Massachusetts recently passed a law mandating that all applicants for a handgun licenses write an essay outlining why they need the license before the city will consider the application. These sorts of anti-gun regulations protect no one, but they do make it harder for law-abiding Americans to purchase guns at a fair market value.
To protect Alabamians’ constitutional gun rights from rogue action at the local level, I co-sponsored and helped pass SB135 to prevent any local government entity from imposing burdensome taxes or fees on gun and ammo sales. Further, SB135 also prohibits cities or counties from passing additional restrictions on the issuance of gun permits other than those already in state law.
Thank you for the opportunity to represent you in Alabama Senate.
Should you need any assistance, please don’t hesitate to contact me at larry.stutts@alsenate.gov or call my office at (334) 242-7862.
Dr. Larry Stutts represents Senate District 6, comprised of all or parts of Marion, Lawrence, Lauderdale, Colbert, and Franklin counties, in the Alabama Senate. He and his wife, Jackie, make their home in Tuscumbia.
