HB25 Alabama 2020 Session

Summary

Primary Sponsor

Scott StadthagenRepresentative

Republican

Session

Regular Session 2020

Title

Crimes and offenses, to revise the criminal penalties for a violation of attempting to elude, Sec. 13A-10-52 am'd.

Description

Under current law, attempting to elude a law enforcement officer is a Class A misdemeanor unless the flight or attempt to elude causes the death or physical injury to an innocent person, in which case the violation is a Class C felony.

This bill would provide that a violation of attempting to elude would constitute a Class C felony and violation of attempting to elude that causes death or physical injury would constitute a Class B felony.

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