HB281

ENGROSSED

A BILL TO BE ENTITLED AN ACT

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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 13A-10-52, Code of Alabama 1975, is amended to read as follows:

§13A-10-52.

"(a) It shall be unlawful for a person to intentionally flee by any means from anyone the person knows to be a law enforcement officer if the person knows the officer is attempting to arrest the person.

"(b) It shall be unlawful for a person while operating a motor vehicle on a street, road, alley, or highway in this state, to intentionally flee or attempt to elude a law enforcement officer after having received a signal from the officer to bring the vehicle to a stop.

"(c)(1) A violation of subsection (a) or (b) is a Class A misdemeanor unless the.

"(2) A violation of subsection (a) or (b) is a Class C felony if the flight or attempt to elude results in the offender crossing the lines of the State of Alabama into a neighboring state or causes an actual death or physical injury to innocent bystanders or third parties, in which case the violation shall be a Class C felony. In addition, the any other person.

(3) A violation of subsection (a) or (b) is a Class B felony if the flight or attempt to elude causes serious physical injury or death to any other person.

"(d) Upon conviction of subsection (a) or (b), the court shall order the suspension of the driver's license of the defendant for a period of not less than six months nor more than two years."

Section 2. 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 3. 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

Attempt to Elude

Law Enforcement

Code Amended