User Panel
Posted: 1/29/2006 1:47:55 PM EDT
Got an e-mail from a list. I looked it up on the following website:
alisdb.legislature.state.al.us/acas/alisonstart.asp Here's the text of the e-mail. You can also read more in depth at the link above. Visit the ALISON system and look under Bills. CASTLE DOCTRINE LEGISLATION TO BE VOTED ON TUESDAY, JANUARY 31st! Your State Representative needs to hear from you! This Tuesday, January 31, the Alabama House of Representatives will be voting on House Bill 1, also known as “Castle Doctrine” legislation. Sponsored by Representative Albert Hall (D-22), HB 1 simply states if a criminal breaks into your home, your occupied vehicle, or your place of business, you may presume he is there to do bodily harm and you may use any force against him, thereby removing your “duty to retreat.” Furthermore, this law would provide protection from criminal prosecution and civil litigation for those who defend themselves from criminal attack. Your Representative needs to hear from you before the vote is taken. Please contact your Representative on Monday or Tuesday during normal business hours and tell him or her you strongly support HB 1, “Castle Doctrine” legislation. You can find contact information by using the “Write Your Representative” feature found at http://www.nraila.org/, or by calling the Alabama House of Representatives switchboard at (334) 242-7600. Please be sure to support your right to self-defense by making this important call! |
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Also ask them to add the SBR and SBS legislation where can own them if we get federal tax stamp. May be our best chance
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Majority in favor. The usual minorities took the floor all day to stall. Bring back in two weeks
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I read the bill and I think that it is a definate improvement.
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<<< Introductory text of HB1 deleted - engrossed version on page 2... >>>
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HB1 History so far...
01/10/2006 - Read for the first time and referred to the House of Representatives committee on Judiciary 01/19/2006 - Read for the second time and placed on the calendar with 1 substitute 01/31/2006 - Third Reading Carried Over 01/31/2006 - Judiciary first Substitute Offered 01/31/2006 - Coleman (L) motion to Carry Over Temporarily tabled 01/31/2006 - Hurst motion to Table adopted Roll Call 149 01/31/2006 - Laird, Carter and Bridges intended to vote "Yea" 01/31/2006 - Kennedy, Howard, Boyd, Major, Robinson (O), Buskey, Rogers, Coleman (L), Coleman (M) and Moore requested their names be removed as cosponsors to bill Further Consideration |
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<<< Introductory text of SB283 deleted - engrossed version on page 2... >>>
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SB283 history so far...
01/19/2006 Read for the first time and referred to the Senate committee on Health 01/26/2006 Read for the second time and placed on the calendar with 1 substitute 01/26/2006 Pending third reading on day 7 Favorable from Health with 1 substitute 01/26/2006 Health first Substitute Offered |
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www.montgomeryadvertiser.com/apps/pbcs.dll/article?AID=/20060205/NEWS02/602050328&SearchID=73235050595480
All of you Huntsville guys please make sure Rep. Hall knows how much you appreciate her efforts...
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I understand the position of the Afros. Since most criminals are Afros, the majority shot would be Afros. Just trying to protect the tribe.
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Very Good Point.......I think your right on target......Pun intended.... GhostCat |
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Rep Laura Hall, Democrat... Anyone see a number of problems here??? What a joke.
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Dang, how many people are needed to override the stalling process? I counted 105 representatives. 77 is almost 75%. Seems like they should have been able to bring it to the floor for a vote. |
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The brothers and inner city idiots are threatening to hold up other legislation. Damn 14th Amendment
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NRA-ILA just sent out this e-mail alert:
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More "Objective Journalism" from the Montgomery
www.montgomeryadvertiser.com/apps/pbcs.dll/article?AID=/20060210/NEWS/602100343/1001 |
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Scumbag brother gets killed after burglarizing a man's home and he is mad? This darn country is going to the dogs. I say good kill. Saves taxpayers money too. |
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Someone convince me to write this idiot a letter. I've already written three this week and I just feel like they fall on deaf ears.
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A compromise bill has passed. Details later when I get a few minutes...
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From what B'ham rag said today the compromise bill that passed the House said you don't have to retreat but simply be afraid. If true and someone breaks in my home, I am afraid-BOOOOOOOM. Then I will not be afraid. |
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From yesterday: www.al.com/newsflash/regional/index.ssf?/base/news-19/114056634661330.xml&storylist=alabamanews
I haven't received the final text of the bill as amended/passed, but it sounds like it came through intact. Should clear the Senate easily in this form. I'll try to remember to post the actual text here when I get my hands on it... |
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You think my incessant emails might have helped a little!? (No, but I like to imagine myself as influential...) |
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Senate passed a slightly different bill yesterday. Now reconcile and pass
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Text of the engrossed version of HB1 passed on to Jud. Comm.:
1 HB1 2 81855-2 3 By Representatives Hall (A), Hurst, Garner, Schmitz, Greer, 4 Morrow, Ball, Graham, Williams (N), Brewbaker, Thomas (E), 5 Hinshaw, Sanderford, Allen, Wood, Greeson, Grantland, 6 Morrison, Payne, Page, Dukes, Lindsey, Carter, Major, Robinson 7 (O), Howard, Boyd, Davis, Faust, Oden, Grimes, McClammy, 8 Glover, Laird, Thigpen, Baker, Newton (C), Gipson, Martin, 9 Vance, Bentley, Layson, Beasley, Newton (D), Ward, Hubbard, 10 Moore, McClendon, McClurkin, Humphryes, Beason, Black (M), 11 Hill, McMillan, Coleman (L), Coleman (M), Carns, Collier, 12 Dunn, Buskey and Ison 13 RFD: Judiciary 14 First Read: 10-JAN-06 15 PFD: 11/21/2005 Page 1 1 ENGROSSED 2 3 4 A BILL 5 TO BE ENTITLED 6 AN ACT 7 8 To amend Sections 13A-3-20 and 13A-3-23, Code of 9 Alabama 1975, relating to the justifiable use of defensive 10 force and defensive deadly physical force against an 11 aggressor; to further provide for the justified use of force 12 and deadly physical force against a person intruding in a 13 dwelling, residence, or vehicle; or federally licensed nuclear 14 power facility, or is in the process of sabotaging or 15 attempting to sabotage a federally licensed nuclear power 16 facility; to remove the duty to retreat for a person using 17 force or deadly force under certain circumstances; to make 18 legal presumptions concerning persons justified to use force 19 and deadly physical force against intruders; to provide 20 immunity from criminal and civil legal action for persons 21 justified to use lawful force and deadly physical force in 22 self-protection or the protection of others. 23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 24 Section 1. Sections 13A-3-20 and 13A-3-23, Code of 25 Alabama 1975, are amended to read as follows: 26 "§13A-3-20. Page 2 1 "The following definitions are applicable to this 2 article: 3 " 4 and utilized by persons for business, public use, lodging or 5 the storage of goods, and 6 aircraft, or watercraft used for the lodging of persons or 7 carrying on business therein. Each unit of a building 8 consisting of two or more units separately occupied or secured 9 is a separate building. 10 " 11 the circumstances in which it is used, is readily capable of 12 causing death or serious physical injury. 13 " 14 occupied by a person lodging therein at night, or a building 15 of any kind, including any attached balcony, whether the 16 building is temporary or permanent, mobile or immobile, which 17 has a roof over it, and is designed to be occupied by people 18 lodging therein at night. 19 " 20 another, including confinement. 21 (5) PREMISES. 22 building, as defined in this section, and any real property. 23 "(6) RESIDENCE. A dwelling in which a person resides 24 either temporarily or permanently or is visiting as an invited 25 guest. 26 "(7) VEHICLE. A motorized conveyance which is 27 designed to transport people or property. Page 3 1 "§13A-3-23. 2 "(a) A person is justified in using physical force 3 upon another person in order to defend himself or herself or a 4 third person from what he or she reasonably believes to be the 5 use or imminent use of unlawful physical force by that other 6 person, and he may use a degree of force which he or she 7 reasonably believes to be necessary for the purpose. A person 8 may use deadly physical force, and is legally presumed to be 9 justified in using deadly physical force in self-defense or 10 the defense of another person pursuant to subdivision (4), if 11 the 12 person is: 13 "(1) Using or about to use unlawful deadly physical 14 force; 15 "(2) Using or about to use physical force against an 16 occupant of a dwelling while committing or attempting to 17 commit a burglary of such dwelling; or. 18 "(3) Committing or about to commit a kidnapping in 19 any degree, assault in the first or second degree, burglary in 20 any degree, robbery in any degree, forcible rape or forcible 21 sodomy. 22 "(4) In the process of unlawfully and forcefully 23 entering, or has unlawfully and forcefully entered, a 24 dwelling, residence, or occupied vehicle, or federally 25 licensed nuclear power facility, or is in the process of 26 sabotaging or attempting to sabotage a federally licensed 27 nuclear power facility, or is attempting to remove, or has Page 4 1 forcefully removed, a person against his or her will from any 2 dwelling, residence, or occupied vehicle when the person has a 3 legal right to be there, and provided that the person using 4 the deadly physical force knows or has reason to believe that 5 an unlawful and forcible entry or unlawful and forcible act is 6 occurring. The legal presumption that a person using deadly 7 physical force is justified to do so pursuant to this 8 subdivision does not apply if: 9 "a. The person against whom the defensive force is 10 used has the right to be in or is a lawful resident of the 11 dwelling, residence, or vehicle, such as an owner or lessee, 12 and there is not an injunction for protection from domestic 13 violence or a written pretrial supervision order of no contact 14 against that person; 15 "b. The person sought to be removed is a child or 16 grandchild, or is otherwise in the lawful custody or under the 17 lawful guardianship of, the person against whom the defensive 18 force is used; 19 "c. The person who uses defensive force is engaged 20 in an unlawful activity or is using the dwelling, residence, 21 or occupied vehicle to further an unlawful activity; or 22 "d. The person against whom the defensive force is 23 used is a law enforcement officer acting in the performance of 24 his or her official duties. 25 26 (a), a person is not justified in using deadly physical force 27 upon another person if it reasonably appears or he knows that Page 5 1 he can avoid the necessity of using such force with complete 2 safety: 3 "(1) By retreating, except that the actor is not 4 required to retreat: 5 "a. If he is in his dwelling or at his place of work 6 and was not the original aggressor; or 7 "b. If he is a peace officer or a private person 8 lawfully assisting a peace officer at his direction. 9 "(2), (3) Repealed by Acts 1979, No. 79-599, p. 10 1060, §1. 11 "(b) A person who is justified under subsection (a) 12 in using physical force, including deadly physical force, and 13 who is not engaged in an unlawful activity and is in any place 14 where he or she has the right to be has no duty to retreat and 15 has the right to stand his or her ground. 16 "(c) Notwithstanding the provisions of subsection 17 (a), a person is not justified in using physical force if: 18 "(1) With intent to cause physical injury or death 19 to another person, he or she provoked the use of unlawful 20 physical force by such other person 21 "(2) He or she was the initial aggressor, except 22 that his or her use of physical force upon another person 23 under the circumstances is justifiable if he or she withdraws 24 from the encounter and effectively communicates to the other 25 person his or her intent to do so, but the latter person 26 nevertheless continues or threatens the use of unlawful 27 physical force Page 6 1 "(3) The physical force involved was the product of 2 a combat by agreement not specifically authorized by law. 3 "(d) A person who uses force, including deadly 4 physical force, as justified and permitted in this section is 5 immune from criminal prosecution and civil action for the use 6 of such force, unless the force was determined to be unlawful. 7 "(e) A law enforcement agency may use standard 8 procedures for investigating the use of force described in 9 subsection (a), but the agency may not arrest the person for 10 using force unless it determines that there is probable cause 11 that the force used was unlawful." 12 Section 2. This act shall become effective on June 13 1, 2006, following its passage and approval by the Governor, 14 or its otherwise becoming law. Page 7 1 2 3 House of Representatives 4 Read for the first time and 5 referred to the House of Represen 6 tatives committee on Judiciary .... ...... 10-JAN-06 7 8 Read for the second time and placed 9 on the calendar with 1 substitute 10 and ............................... ...... 19-JAN-06 11 12 Read for the third time and passed 13 as amended ........................ ...... 21-FEB-06 14 Yeas 97, Nays 2, Abstains 1 15 16 Greg Pappas 17 Clerk 18 |
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Text of the engrossed version of SB283 passed on to Jud. Comm.:
1 SB283 2 81855-5 3 By Senator Means 4 RFD: Health 5 First Read: 19-JAN-06 Page 1 1 SB283 2 3 4 ENGROSSED 5 6 7 A BILL 8 TO BE ENTITLED 9 AN ACT 10 11 To amend Sections 13A-3-20 and 13A-3-23, Code of 12 Alabama 1975, relating to the justifiable use of defensive 13 force and defensive deadly physical force against an 14 aggressor; to further provide for the justified use of force 15 and deadly physical force against a person intruding in a 16 dwelling, residence, or vehicle; or federally licensed nuclear 17 power facility, or is in the process of sabotaging or 18 attempting to sabotage a federally licensed nuclear power 19 facility; to remove the duty to retreat for a person using 20 force or deadly force under certain circumstances; to make 21 legal presumptions concerning persons justified to use force 22 and deadly physical force against intruders; to provide 23 immunity from criminal and civil legal action for persons 24 justified to use lawful force and deadly physical force in 25 self-protection or the protection of others. 26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Page 2 1 Section 1. Sections 13A-3-20 and 13A-3-23, Code of 2 Alabama 1975, are amended to read as follows: 3 "§13A-3-20. 4 "The following definitions are applicable to this 5 article: 6 " 7 and utilized by persons for business, public use, lodging or 8 the storage of goods, and such term includes any vehicle, 9 aircraft, or watercraft used for the lodging of persons or 10 carrying on business therein. Each unit of a building 11 consisting of two or more units separately occupied or secured 12 is a separate building. 13 " 14 the circumstances in which it is used, is readily capable of 15 causing death or serious physical injury. 16 " 17 occupied by a person lodging therein at night, or a building 18 of any kind, including any attached balcony, whether the 19 building is temporary or permanent, mobile or immobile, which 20 has a roof over it, and is designed to be occupied by people 21 lodging therein at night. 22 " 23 another, including confinement. 24 (5) PREMISES. 25 building, as defined in this section, and any real property. Page 3 1 "(6) RESIDENCE. A dwelling in which a person resides 2 either temporarily or permanently or is visiting as an invited 3 guest. 4 "(7) VEHICLE. A motorized conveyance which is 5 designed to transport people or property. 6 "§13A-3-23. 7 "(a) A person is justified in using physical force 8 upon another person in order to defend himself or herself or a 9 third person from what he or she reasonably believes to be the 10 use or imminent use of unlawful physical force by that other 11 person, and he may use a degree of force which he or she 12 reasonably believes to be necessary for the purpose. A person 13 may use deadly physical force, and is legally presumed to be 14 justified in using deadly physical force in self-defense or 15 the defense of another person pursuant to subdivision (4), if 16 the 17 person is: 18 "(1) Using or about to use unlawful deadly physical 19 force 20 "(2) Using or about to use physical force against an 21 occupant of a dwelling while committing or attempting to 22 commit a burglary of such dwelling 23 "(3) Committing or about to commit a kidnapping in 24 any degree, assault in the first or second degree, burglary in 25 any degree, robbery in any degree, forcible rape or forcible 26 sodomy. Page 4 1 "(4) In the process of unlawfully and forcefully 2 entering, or has unlawfully and forcefully entered, a 3 dwelling, residence, or occupied vehicle, or federally 4 licensed nuclear power facility, or is in the process of 5 sabotaging or attempting to sabotage a federally licensed 6 nuclear power facility, or is attempting to remove, or has 7 forcefully removed, a person against his or her will from any 8 dwelling, residence, or occupied vehicle when the person has a 9 legal right to be there, and provided that the person using 10 the deadly physical force knows or has reason to believe that 11 an unlawful and forcible entry or unlawful and forcible act is 12 occurring. The legal presumption that a person using deadly 13 physical force is justified to do so pursuant to this 14 subdivision does not apply if: 15 "a. The person against whom the defensive force is 16 used has the right to be in or is a lawful resident of the 17 dwelling, residence, or vehicle, such as an owner or lessee, 18 and there is not an injunction for protection from domestic 19 violence or a written pretrial supervision order of no contact 20 against that person; 21 "b. The person sought to be removed is a child or 22 grandchild, or is otherwise in the lawful custody or under the 23 lawful guardianship of, the person against whom the defensive 24 force is used; 25 "c. The person who uses defensive force is engaged 26 in an unlawful activity or is using the dwelling, residence, 27 or occupied vehicle to further an unlawful activity; or Page 5 1 "d. The person against whom the defensive force is 2 used is a law enforcement officer acting in the performance of 3 his or her official duties. 4 5 (a), a person is not justified in using deadly physical force 6 upon another person if it reasonably appears or he knows that 7 he can avoid the necessity of using such force with complete 8 safety: 9 "(1) By retreating, except that the actor is not 10 required to retreat: 11 "a. If he is in his dwelling or at his place of work 12 and was not the original aggressor; or 14 lawfully assisting a peace officer at his direction. 15 "(2), (3) Repealed by Acts 1979, No. 79-599, p. 16 1060, §1. 17 "(b) A person who is justified under subsection (a) 18 in using physical force, including deadly physical force, and 19 who is not engaged in an unlawful activity and is in any place 20 where he or she has the right to be has no duty to retreat and 21 has the right to stand his or her ground. 22 "(c) Notwithstanding the provisions of subsection 23 (a), a person is not justified in using physical force if: 24 "(1) With intent to cause physical injury or death 25 to another person, he or she provoked the use of unlawful 26 physical force by such other person Page 6 1 "(2) He or she was the initial aggressor, except 2 that his or her use of physical force upon another person 3 under the circumstances is justifiable if he or she withdraws 4 from the encounter and effectively communicates to the other 5 person his or her intent to do so, but the latter person 6 nevertheless continues or threatens the use of unlawful 7 physical force 8 "(3) The physical force involved was the product of 9 a combat by agreement not specifically authorized by law. 10 "(d) A person who uses force, including deadly 11 physical force, as justified and permitted in this section is 12 immune from criminal prosecution and civil action for the use 13 of such force, unless the force was determined to be unlawful. 14 "(e) A law enforcement agency may use standard 15 procedures for investigating the use of force described in 16 subsection (a), but the agency may not arrest the person for 17 using force unless it determines that there is probable cause 18 that the force used was unlawful." 19 Section 2. This act shall become effective on June 20 1, 2006, following its passage and approval by the Governor, 21 or its otherwise becoming law. Page 7 1 2 3 Senate 4 Read for the first time and referred to the Senate 5 committee on Health .............................. 19-JAN-06 6 7 Read for the second time and placed on the calen8 dar with 1 substitute and ........................ 26-JAN-06 9 10 Read for the third time and passed as amended ... 22-FEB-06 11 Yeas 30 12 Nays 2 13 14 15 McDowell Lee 16 Secretary 17 |
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Anyone know when the two verions are supposed to be reconciled so the final bill can go to the governor?
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Saw some political type on the b'ham news last night telling people to call governor Riley to ask him to veto the bill. They ran the piece TWICE in the same 30 minute news show. The dude was on there saying that if it passed, it would at the very least double the homicide rate. What a dumbass. Has he never heard of Kennesaw GA? More guns means fewer unarmed victims, and in this case easier defensive use of guns means more danger to criminals. - So criminals will tend to go somewhere else for easier pickin's.
Damned libs. Always lying on TV. Trying to stir up the soccer moms. |
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I suppose it's good if the law of the land agrees with you, but in this case I couldn't care less. Regardless of the law, if someone tries to kill me or cause me harm, I will defend myself in whichever way I feel is necessary. That includes shooting someone if need be. In that case, I can only hope it's a lib that is trying to harm me.
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Inner city guys should never be allowed on tv or out of the inner city. |
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www.al.com/politics/huntsvilletimes/index.ssf?/base/news/1142590709109290.xml&coll=1&thispage=1
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www.montgomeryadvertiser.com/apps/pbcs.dll/article?AID=/20060315/NEWS02/603150353&SearchID=73239232443021
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Damn minority inner city idiots. We need to reinstitute the poll tax, the hell with SCOTUS, and take our state back from idiots of the inner city.
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