SB134 By Senator Holley RFD Judiciary Rd 1 03-FEB-16

SYNOPSIS: Under existing law, a person commits the crime of criminally negligent homicide if he or she causes the death of another person by criminal negligence. Criminally negligent homicide is a Class A misdemeanor unless the person commits the offense while driving a vehicle or vessel while intoxicated.

This bill would provide that a person commits the crime of criminally negligent homicide if the person causes the death of another person as a result of operating a motor vehicle, an aircraft, or a vessel while fatigued. Criminally negligent homicide under these circumstances would be punishable as a Class C felony.

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

To amend Section 13A-6-4, Code of Alabama 1975, relating to criminally negligent homicide; to provide that a person commits the crime of criminally negligent homicide if the person causes the death of another person as a result of operating a motor vehicle, an aircraft, or a vessel while fatigued; to provide penalties; 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-6-4, Code of Alabama 1975, is amended to read as follows:

§13A-6-4.

"(a) A person commits the crime of criminally negligent homicide if he or she causes the death of another person by criminal negligence.

"(b) A person commits the crime of criminally negligent homicide if he or she causes the death of another person as a result of operating a vehicle, an aircraft, or a vessel while fatigued. As used in this subsection "fatigued" means having been without sleep for a period of 24 consecutive hours.

"(b)(c) The jury may consider statutes and ordinances regulating the actor's conduct in determining whether the actor is culpably negligent under subsection (a).

"(c)(d) Criminally negligent homicide is a Class A misdemeanor, except in cases in which the criminally negligent homicide is caused by the driver or operator of a vehicle or vessel who is driving or operating the vehicle or vessel in violation of Section 32-5A-191, or 32-5A-191.3, or by a driver who is driving in violation of subsection (b); in these cases, criminally negligent homicide is a Class C felony."

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

Homicide

Code Amended