HB58 Alabama 2014 Session

Under existing law, a person commits criminally negligent homicide if the person causes the death of another person by criminal negligence

Criminally negligent homicide is a Class C felony if the homicide is caused by the driver of a motor vehicle while driving under the influence of alcohol or drugs in violation of Section 32-5A-191, Code of Alabama 1975

Also under Section 32-5A-191, a person is guilty of operating a vessel and certain other marine devices under the influence of alcohol or drugs if the person operates the vessel or devices under conditions in which the person would be guilty of driving a motor vehicle under the influence. Also under the Alabama Criminal Code, a vehicle is generally defined in subdivision (15) of Section 13A-1-2, Code of Alabama 1975, to include any propelled devices including any vessel

This bill would provide that a person commits criminally negligent homicide if the criminally negligent homicide is caused by the operator of any vehicle while unlawfully driving or operating the vehicle under the influence of alcohol or drugs

Under existing law, a person commits assault in the first degree if the person causes serious bodily injury to another person with a motor vehicle while driving under the influence of alcohol or drugs in violation of Section 32-5A-191, Code of Alabama 1975

This bill would provide that a person would commit assault in the first degree if the person causes serious physical injury to another person while driving or operating any vehicle while under the influence of alcohol or drugs

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

To amend Sections 13A-6-4 and 13A-6-20 of the Code of Alabama 1975, relating to the offense of criminally negligent homicide and assault in the first degree, respectively, and providing when the offenses are committed by persons unlawfully driving a motor vehicle under the influence of alcohol or drugs; to provide that the offense may be committed by a person while driving or operating any vehicle, including a vessel, while unlawfully under the influence of alcohol or drugs; to repeal Section 32-5A-192 of the Code of Alabama 1975; 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.