HB79 By Representative Pringle RFD Judiciary Rd 1 02-FEB-16

SYNOPSIS: Under existing law, there is no specific crime for the injury or death to a highway worker in a construction zone.

This bill would provide for the crime of endangerment of a highway worker in a construction zone and would provide 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 motor vehicles and traffic; to provide for the crime of endangerment of a highway worker in a construction zone; to provide 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. (a) A person commits the crime of endangerment of a highway worker in a construction zone when he or she does any of the following in the construction zone:

(1) Exceeds the posted speed limit by 15 miles per hour or more.

(2) Fails to stop for a construction zone flagman or fails to obey traffic control devices erected in the construction zone for the purpose of controlling the flow of motor vehicles through the zone.

(3) Drives through or around a construction zone by a lane not clearly designated to motorists for the flow of traffic through or around the construction zone.

(4) Physically assaults, attempts to assault, or threatens to assault a highway worker in a construction zone with a motor vehicle or other object.

(5) Intentionally strikes, moves, or alters barrels, barriers, signs, or other devices erected to control the flow of traffic to protect workers and motorists in the construction zone for a reason other than avoidance of an obstacle, an emergency, or to protect the health and safety of an occupant in the motor vehicle or of another person.

(6) Commits any of the following offenses in the construction zone:

a. Reckless driving, in violation of Section 32-5A-190 of the Code of Alabama 1975.

b. Driving while under the influence of alcohol or a controlled substance, in violation of Section 32-5A-191 of the Code of Alabama 1975.

c. Text messaging while operating a motor vehicle, in violation of Section 32-5A-350 of the Code of Alabama 1975.

d. Driving without a license or with a suspended or revoked license, in violation of Sections 32-6-1, 32-6-18, and 32-6-19 of the Code of Alabama 1975.

e. Leaving the scene of an accident, in violation of Section 32-10-1 of the Code of Alabama 1975.

f. Failing to give information and render aid after an accident, in violation of Section 32-10-2 of the Code of Alabama 1975.

g. Failing to notify the owner of an unattended vehicle of an accident, in violation of Section 32-10-3 of the Code of Alabama 1975.

h. Failing to notify the owner of fixtures struck while on the highway, in violation of Section 32-10-4 of the Code of Alabama 1975.

i. Failing to immediately report an accident, in violation of Section 32-10-5 of the Code of Alabama 1975.

j. Any felony involving the use of a motor vehicle.

(b) Where no injury or death to the highway worker occurred as a result of the offense, endangerment of a highway worker in a construction zone is a Class C misdemeanor.

(c) Where injury to, but not the death of, the highway worker occurred as a result of the offense, endangerment of a highway worker in a construction zone is a Class A misdemeanor.

(d) Where the death of the highway worker occurred as a result of the offense, endangerment of a highway worker in a construction zone is a Class C felony.

(e) Except for the offense established under subdivision (5) of subsection (a), no person shall be guilty of endangerment of a highway worker in a construction zone unless the act or omission constituting the offense occurred when one or more highway workers were in the construction zone.

(f) No person shall be convicted of endangerment of a highway worker in a construction zone for any act or omission otherwise constituting an offense under subsection (a) if the act or omission resulted in whole or in part from mechanical failure of the vehicle of the person or from the negligence of another person or a highway worker.

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.

Motor Vehicles

Crimes and Offenses

Criminal Law and Procedure

Transportation

Highways, Roads, and Bridges