HB347 Alabama 2016 Session

Summary

Primary Sponsor

Chris England Representative

Democrat

Session

Regular Session 2016

Title

Assault, first and second degree revised to include injury caused by the operation of a motor vehicle or vessel operated in violation of driving under the influence law, Secs. 13A-6-20, 13A-6-21 am'd.

Description

Under existing law, a person is guilty of assault in the first or second degree if he or she causes serious physical harm or physical harm, respectively, to certain persons under certain conditions.

This bill would clarify that assault in the first degree would occur if a person operates a motor vehicle or vessel in violation of existing law relating to driving or operating under the influence of alcohol or controlled substances and causes serious physical injury to another.

This bill would also provide that a person operating a motor vehicle or vessel in violation of existing law relating to driving or operating under the influence of alcohol or controlled substances and causes physical injury to any other person with the motor vehicle or vessel is guilty of assault in the second degree.

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

Crimes and Offenses