SB221 Alabama 2014 Session

Summary

Primary Sponsor

Jerry L. Fielding

Republican

Session

Regular Session 2014

Title

Driving or operating a vehicle or vessel 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negligent homicide or assault in the first degree amended to include, Secs. 13A-6-4, 13A-6-20 am'd; Sec. 32-5A-192 repealed

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, 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 criminally negligent homicide if the criminally 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, Code of Alabama 1975.

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.

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.

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Subjects

Boats and Boating