SB263 Alabama 2018 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2018

Title

Crimes and offenses, J.K. Elrod Act, murder, knowingly selling or distributing a controlled substance that causes the death of another, exemption for physicians and pharmacists

Description

Under existing law, the distribution of a controlled substance is a crime.

This bill would provide that if a person knowingly sells, furnishes, gives away, delivers, or distributes a controlled substance to another person and the controlled substance causes the death of that person or another person, the person is guilty of murder.

This bill would provide an exemption for licensed physicians and pharmacists who provide controlled substances as part of a legal prescription.

This bill would provide enhanced criminal penalties for a person with certain prior felony convictions who are subsequently convicted of violations.

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