HB239 Alabama 2021 Session

Under existing law, a violation of fleeing or attempting to elude a law enforcement officer is a felony if the flight or attempt to elude causes death or physical injury to an innocent bystander or a third party.

This bill would include additional activity that would constitute a felony for fleeing or attempting to elude a law enforcement officer.

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 amend Section 13A-10-52, Code of Alabama 1975, to revise the criminal penalties for violations of fleeing or attempting to elude law enforcement; 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.