HB509 Alabama 2010 Session

Existing law makes it a felony to cause death or physical injury to a third party or innocent bystander when committing the crime of fleeing or attempting to elude a law enforcement officer

This bill would include causing death or physical injury to a law enforcement officer when committing the offense in the felony enhancement provision of the law

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 3 of Act 2009-616 of the 2009 Regular Session (Acts 2009, p. 1779), now appearing as Section 13A-10-52 of the Code of Alabama 1975, providing for the crime of fleeing or attempting to elude a law enforcement officer; to include causing death or physical injury to a law enforcement officer in the felony enhancement provision; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.