HB 378

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

This bill would create McGough's Law to create the crime of drug delivery resulting in death. The bill would provide that when, without intent to cause death, a person directly or indirectly sells, furnishes, gives away, delivers, or distributes a controlled substance in violation of the law and the use of the controlled substance is a contributing cause of death of another to whom the controlled substance is directly or indirectly sold, furnished, given, delivered, or distributed, the person is guilty of the crime

This bill would create the crime of drug delivery resulting in serious physical injury and would provide that when, without intent to cause serious physical injury, a person directly or indirectly sells, furnishes, gives away, delivers, or distributes a controlled substance in violation of the law and the use of the controlled substance is a contributing cause of serious physical injury of another to whom the controlled substance is directly or indirectly sold, furnished, given, delivered, or distributed, the person is guilty of the crime

This bill would specify that the bill does not apply to health care professionals and pharmacists who are in the legitimate practice of the healing arts

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 create McGough's Law; to add Section 13A-6-5 to the Code of Alabama 1975, to create the crime of drug delivery resulting in death; to add Section 13A-6-20.1 to the Code of Alabama 1975, to create the crime of drug delivery resulting in serious physical injury; 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

This act shall be known and may be cited as McGough's Law.

Section 2

Section 13A-6-5 is added to the Code of Alabama 1975, to read as follows: §13A-6-5. (a) A person commits the crime of drug delivery resulting in death when, without intent to cause death, the person directly or indirectly sells, furnishes, gives away, delivers, or distributes a controlled substance in violation of subsection (a) of Section 13A-12-211, Code of Alabama 1975, and the use of the controlled substance is a contributing cause of death of another to whom the controlled substance is directly or indirectly sold, furnished, given, delivered, or distributed. (b) Drug delivery resulting in death is a Class B felony (c) This section shall not be construed to repeal other criminal laws. (d) This section shall not apply to health care professionals and pharmacists in the legitimate practice of the healing arts.

Section 3

Section 13A-6-20.1 is added to the Code of Alabama 1975, to read as follows: (a) A person commits the crime of drug delivery resulting in serious physical injury when, without intent to cause serious physical injury, the person directly or indirectly sells, furnishes, gives away, delivers, or distributes a controlled substance in violation of subsection (a) of Section 13A-12-211, Code of Alabama 1975, and the use of the controlled substance is a contributing cause of serious physical injury of another to whom the controlled substance is directly or indirectly sold, furnished, given, delivered, or distributed. (b) Drug delivery resulting in serious physical injury is a Class B felony. (c) This section shall not be construed to repeal other criminal laws. (d) This section shall not apply to health care professionals and pharmacists in the legitimate practice of the healing arts.

Section 4

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 5

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.