SB286 Alabama 2022 Session

Under existing common law, a person may be prosecuted for homicide only if the victim dies within one year and a day of the offender's wrongful act

This bill would provide that a person may be prosecuted for homicide if the offender's wrongful act causes the death of the victim, regardless of the time that has elapsed between the wrongful act and the victim's death

This bill would also abrogate the common law "year-and-a-day rule." Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, 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 add Section 13A-6-5 to the Code of Alabama 1975, to provide that a person may be prosecuted for homicide if the person's wrongful act causes the death of the victim, regardless of the time that has elapsed between the wrongful act and the victim's death; to abrogate the common law "year-and-a-day rule"; 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, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.