SB40 Alabama 2015 Session

Under existing law, a person is guilty of a Class A misdemeanor if he or she attempts to elude a law enforcement officer, unless he or she causes physical injury to an innocent bystander or third party, in which case it is a Class C felony

This bill would also apply the enhanced felony penalty to defendants who cause death or serious physical injury to a law enforcement officer in pursuit of a person attempting to elude the officer

This bill would apply the enhanced felony penalty only if serious physical injuries are caused to innocent bystanders, third parties, or a law enforcement officer

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 Section 13A-10-52, Code of Alabama 1975, to apply an enhanced felony penalty to defendants who cause death or serious physical injury to a law enforcement officer in pursuit of a person attempting to elude an officer; 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.