HB330 Alabama 2020 Session

Under existing law, a person commits the crime of unlawful distribution of a controlled substance if, except as authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V

This bill would provide that a person commits the crime of drug-induced murder if the person, except as authorizer, knowingly sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V to another person and the controlled substance causes the death of that person or another person

This bill would provide an exemption for licensed medical practitioners and other professionals who provide controlled substances in the course of professional practice or research in this state

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 crime of drug-induced murder 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.