HB496 By Representative Pringle RFD Judiciary Rd 1 05-APR-16

SYNOPSIS: This bill would establish the Marshall James Walton Highway Safety Act and would create the crime of homicide by vehicle or vessel.

This bill would provide that a person is guilty of homicide by vehicle or vessel if the person causes the death of another person while knowingly engaged in the violation of any state law or municipal ordinance applying to the operation or use of a vehicle, a vessel, or to the regulation of traffic or boating, if the violation is the proximate cause of the death.

This bill 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 homicide; to establish the Marshall James Walton Highway Safety Act; to create the crime of homicide by vehicle or vessel under certain conditions; to provide criminal penalties; and in connection therewith to 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. This act may be cited as the Marshall James Walton Highway Safety Act.

Section 2. (a) A person who causes the death of another person while knowingly 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 of the Code of Alabama 1975, or a vessel, as defined in Section 33-5-3 of the Code of Alabama 1975, or to the regulation of traffic or boating, shall be guilty of homicide by vehicle or vessel when the violation is the proximate cause of the death.

(b) A person convicted of homicide by vehicle or vessel under subsection (a) is guilty of a Class C felony.

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

Motor Vehicles

Vessels

Felonies

Homicide

Popular Names