SB 263

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

Relating to crimes and offenses; to create the J. K. Elrod Act; to provide further for the crime of murder to include distributing a controlled substance to a person that causes the death of the person; to provide certain exemptions; to provide criminal penalties; to provide an enhanced criminal penalty under certain conditions; 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

(a) This act shall be known and may be cited as the J. K. Elrod Act. (b) As used in this act, "provides" means to sell, furnish, give away, deliver, or distribute. (c)(1) Except as provided in subdivision (2), a person commits the crime of murder if he or she knowingly provides a controlled substance to another person and the controlled substance causes the death of that person or another person. (2) A person who provides a controlled substance to another as part of a legal prescription does not commit a violation of this section if he or she is a licensed physician or a licensed pharmacist. (d)(1) A person who commits a violation of this section shall be guilty of a Class B felony. (2) If a person is convicted of violating this section and has a prior conviction for a felony drug offense, the person shall be sentenced to a term of imprisonment of not less than 20 years.

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.