SB406 By Senator Reed RFD Judiciary Rd 1 23-APR-15

SYNOPSIS: Under existing law, a person convicted of certain violations relating to motor vehicle accidents is guilty of a Class A misdemeanor if the accident only caused property damage and a Class C felony if the accident caused death or personal injury.

This bill would revise the penalties to provide that a person convicted of a violation relating to motor vehicle accidents would be guilty of a Class C felony if he or she caused physical injury and would be guilty of a Class B felony if he or she caused death or serious physical injury.

This bill would also create the crime of homicide by vehicle or vessel and would provide criminal penalties.

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.

A BILL TO BE ENTITLED AN ACT

Relating to crimes and offenses; to create the crime of homicide by vessel or vehicle; to provide criminal penalties; to amend Section 32-10-6, Code of Alabama 1975, to revise the criminal penalties for persons convicted of certain violations relating to motor vehicle deaths; 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) A person who causes the death of another person while engaged in the violation of any state law or municipal ordinance applying to the operation or use of a vehicle, as defined in Section 32-1-1.1(81), Code of Alabama 1975, or vessel, as defined in Section 33-3-3, Code of Alabama 1975, or to the regulation of traffic or boating, shall be guilty of homicide when the violation is the proximate cause of the death. This shall be a strict liability offense.

(b) A person convicted of homicide by vehicle or vessel under subsection (a) shall be fined not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), or shall be imprisoned for a term not to exceed three years, or may be fined and imprisoned.Section 2. Section 32-10-6, Code of Alabama 1975, is amended to read as follows:

§32-10-6.

"(a) Every person convicted of violating Sections 32-10-1 through 32-10-5 or any of the provisions thereof, when such the violation involved only damage to property, shall be punished the same as prescribed as provided by law for a Class A misdemeanor; provided, however, that every person convicted of violating such these sections, or any provisions thereof, when such the violation involved death or personal physical injury, shall be punished the same as prescribed as provided by law for a Class C felony; and every person convicted of violating the sections, or any provisions thereof, when the violation involved death or serious physical injury, shall be punished as provided by law for a Class B felony.

"(b) The terms "physical injury" and "serious physical injury" shall have the same meanings as provided Section 13A-1-2.

"(c) Any conviction, sentence, probation, probation revocation, pending charge, treatment condition, or any other proceeding or order issued under this section prior to the effective date of the act adding this amendatory language shall continue, remain in place, and is generally saved."

Section 3. 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 4. 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.

Crimes and Offenses

Criminal Law and Procedure

Homicide

Motor Vehicles

Vessels

Law Enforcement

Code Amended