HB 196

Under existing law, unlawful distribution of a controlled substance is a Class B felony

This bill would provide that when a person sells or otherwise distributes a controlled substance in violation of the law and death results from the use of the controlled substance, the person is guilty of manslaughter

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

Relating to crimes and offenses; to amend Section 13A-6-3, Code of Alabama 1975, to provide when a person sells or otherwise distributes a controlled substance in violation of the law and death results from the use of the controlled substance, the person is guilty of manslaughter; 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.

Section 1

Section 13A-6-3, Code of Alabama 1975, is amended to read as follows:

§13A-6-3.

(a) A person commits the crime of manslaughter if he or she does any of the following:

(1) He recklessly Recklessly causes the death of another person, or.

(2) He causes Causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he or she causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.

(3) Sells, furnishes, gives away, delivers, or distributes a controlled substance in violation of subsection (a) of Section 13A-12-211, and the person to whom the controlled substance is sold, furnished, given, delivered, or distributed dies as a proximate result of the use of the controlled substance.

(b) Manslaughter is a Class B felony."

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.