HB463 Alabama 2014 Session

Under existing law, criminally negligent homicide is a Class A misdemeanor, except it is a Class C felony in cases where the criminally negligent homicide is caused by the driver of a motor vehicle who is driving while under the influence of alcohol or other controlled substances

This bill would provide that criminally negligent homicide would be a Class C felony where the victim is a child under six years of age

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 13A-6-4 of the Code of Alabama 1975, relating to criminally negligent homicide; to provide that criminally negligent homicide would be a Class C felony where the victim is a child under six years of age; and in connection therewith to 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.