SB280 Alabama 2020 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2020

Title

Crimes and offenses, J.K. Elrod Act, controlled substance murder, crime established, criminal penalties provided

Description

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

This bill would provide that if a person provides a controlled substance that is laced with another substance and the use of that controlled substance is the proximate cause of the death of a person, the person is guilty of the crime of controlled substance murder.

This bill would provide an exemption for licensed physicians, pharmacists, and other licensed health care practitioners engaged in their respective practices.

This bill would provide enhanced criminal penalties for a person with certain prior felony convictions who is 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