HB455 Alabama 2012 Session

Under existing law, a driver of a motor vehicle involved in a motor vehicle accident that results in damage to a motor vehicle or injury to or death of any person is required to report the accident, give information, and render reasonable assistance at the scene of the accident. A person who violates any of the provisions imposing these duties when the violation results in death or personal injury is guilty of a Class C felony

This bill would provide that a driver of a motor vehicle who violates any of the provisions imposing these duties when the violation results in serious injury or death shall be guilty of a Class B felony

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 32-10-6, Code of Alabama 1975, providing penalties if a driver of a motor vehicle violates any of the provisions of Sections 32-10-1 to 32-10-5, Code of Alabama 1975, imposing duties upon the driver to report, give information, and render reasonable assistance when involved in a motor vehicle accident; to designate a violation as a Class B felony if the violation involves serious injury or death; 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.