HB 272 — Relating to crimes and offenses; to amend Section 13A-10-52, Code of Alabama 1975, to revise the criminal penalties for violations of fleeing or attempting to elude law enforcement; 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 Section 111.05 of the Constitution of Alabama of 2022.

HB272 INTRODUCEDENROLLED QNAG15-1QNAG15-2 By Representatives Shaver, Bedsole, Butler, Harrison, Robertson, Hulsey, Pettus, Oliver, Colvin, Kitchens, Stringer, Woods, Treadaway, Starnes, Fincher, Easterbrook, Wood (R), Moore (P), Reynolds, Standridge, Carns, Stadthagen RFD:

06-Apr-23 2023 Regular Session Page 0 QNAG15-1HB272 03/07/2023Enrolled CNBEnrolled, (L)An bmAct, 2022-52843 2Relating 4to SYNOPSIS:crimes and offenses;

Under existing law, a violation of fleeing or attempting to elude a law enforcement officer is a felony if the flight or attempt to elude causes death or physical injury to an innocent bystander or a third party.

This bill would include additional activity that would constitute a felony for fleeing or attempting to elude a law enforcement officer.

Section 111.05 of the Constitution of Alabama of 2022, 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 Page 1 HB272 INTRODUCED contained in the amendment.

A BILL TO BE ENTITLED AN ACT Relating to crimes and offenses;

(c)(1) A violation of subsection (a) or (b) is a Class Page 2 HB272 INTRODUCED A misdemeanor unless the.

WhileThe committing a separate felony or while fleeing to avoid apprehension from an arrest warrant for another felony offense, the flight or attempt to elude causes an actual deathPage or1 resultsHB272 inEnrolled thedeath orthe offender crossingto thestrike linesor ofcollide thewith Stateanother ofvehicle Alabamaor intopedestrian. a neighboring state.

(3)c. A violation of subsection (a) or (b) is a Class B felony if the flight or attempt to elude causes serious physical injury or death to any other person.

(d)The Uponflight conviction of subsection (a) or (b),attempt theto courtelude shallresults orderin the suspensionoffender ofcrossing the driver'slines driver license of thethis defendantstate forinto a periodneighboring ofstate. not less than six months nor more than two years." Section 2.

Although(3) thisA billviolation would have as its purpose or effect the requirement of asubsection new(a) or increased(b) expenditure of local funds, the bill is excludeda fromClass furtherB requirementsfelony andif applicationeither under Section 111.05 of the Constitutionfollowing ofoccur: Alabama of 2022, because the bill defines a new crime or amends the definition of an existing crime.

a.

The flight or attempt to elude causes serious physical injury or death to any other person.

b.

During the flight or attempt to elude the person exceeds 20 miles per hour over the legal maximum speed limit.

(d) Upon conviction of subsection (a) or (b), the court shall order the suspension of the driver's driver license of the defendant for a period of not less than six months nor more than two years.

(e) It is not a violation of this section for an individual to continue traveling at or below the speed limit, with or without the vehicle's flashers turned on, with the intent of stopping the vehicle at the nearest safe place." 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 Section 111.05 of the Constitution of Alabama of 2022, because the bill defines a new crime or Page 2 HB272 Enrolled amends the definition of an existing crime.

Page 3 HB272 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 20-Apr-23.

John Treadwell Clerk Senate 01-Jun-23 Passed Senate 06-Jun-23 Concurred in Senate Amendment Page 4