SB406 Alabama 2015 Session

Under existing law, a person convicted of certain violations relating to motor vehicle accidents is guilty of a Class A misdemeanor if the accident only caused property damage and a Class C felony if the accident caused death or personal injury

This bill would revise the penalties to provide that a person convicted of a violation relating to motor vehicle accidents would be guilty of a Class C felony if he or she caused physical injury and would be guilty of a Class B felony if he or she caused death or serious physical injury

This bill would also create the crime of homicide by vehicle or vessel and 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

Relating to crimes and offenses; to create the crime of homicide by vessel or vehicle; to provide criminal penalties; to amend Section 32-10-6, Code of Alabama 1975, to revise the criminal penalties for persons convicted of certain violations relating to motor vehicle deaths; 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.