HB347 Alabama 2016 Session

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

To amend Sections 13A-6-20 and 13A-6-21, Code of Alabama 1975, relating to assault, to 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; to 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; 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.