HB774 Alabama 2012 Session

Summary

Primary Sponsor

Barry Mask

Republican

Session

Regular Session 2012

Title

Driving or operating a vehicle as defined (including vessels) under the influence of alcohol or drugs, criminal negligent homicide or assault in the first degree amended to include, Secs. 13A-6-4, 13A-6-20 am'd.

Description

Under existing law, a person commits criminally negligent homicide if the person causes the death of another person by criminal negligence.

Criminally negligent homicide is a Class C felony if the homicide is caused by the driver of a motor vehicle while driving under the influence of alcohol or drugs in violation of Section 32-5A-191, Code of Alabama 1975.

Also, under Section 32-5A-191.3, Code of Alabama 1975, a person is guilty of operating a vessel and certain other marine devices under the influence of alcohol or drugs if the person operates the vessel or devices under conditions in which the person would be guilty of driving a motor vehicle under the influence. Also, under the Alabama Criminal Code, a "vehicle" is generally defined in subdivision (15) of Section 13A-1-2, Code of Alabama 1975, to include any propelled devices including any vessel.

This bill would provide that a person commits criminal negligent homicide if the criminal negligent homicide is caused by the operator of any vehicle while unlawfully driving or operating the vehicle under the influence of alcohol or drugs.

Under existing law, a person commits assault in the first degree if the person causes serious bodily injury to another person with a motor vehicle while driving under the influence of alcohol or drugs in violation of Section 32-5A-191.

This bill would provide that a person would commit assault in the first degree if the person causes serious physical injury to another person while driving or operating any vehicle while under the influence of alcohol or drugs.

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Subjects

Crimes and Offenses