Amendment vs bill Amendment 4AJJRI-1 vs Enrolled

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HB272 ENROLLED QNAG15-2 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:
4AJJRI-1 :
Judiciary First Read:
5/3/2023 :
06-Apr-23 2023 Regular Session Page 0 HB272 Enrolled Enrolled, An Act, 3 Relating to crimes and offenses;
CNB AMENDMENT TO HB272 1ST GUDGER AMENDMENT TO HB272 OFFERED BY SENATOR GUDGER 2 4 Replace lines 70 through 71 on page 3 with the following:
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;
felony if either of the following occur:
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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1.
Section 13A-10-52, Code of Alabama 1975, is amended to read as follows:
"§13A-10-52 (a) It shall be unlawful for a person to intentionally flee by any means from anyone the person knows to be a law enforcement officer if the person knows the officer is attempting to arrest the person.
(b) It shall be unlawful for a person while operating a motor vehicle on a street, road, alley, or highway in this state, to intentionally flee or attempt to elude a law enforcement officer after having received a signal from the officer to bring the vehicle to a stop.
(c)(1) A violation of subsection (a) or (b) is a Class A misdemeanor unless the.
(2) A violation of subsection (a) or (b) is a Class C felony if either of the following occur:
The flight or attempt to elude causes an actual Page 1 HB272 Enrolled death orthe offender to strike or collide with another vehicle or pedestrian.
b.
The flight or attempt to elude causes physical injury to innocent bystanders or third parties, in which case the violation shall be a Class C felony.
In addition, the any other person.
c.
The flight or attempt to elude results in the offender crossing the lines of this state into a neighboring state.
(3) A violation of subsection (a) or (b) is a Class B felony if either of the following occur:
a.
(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.
Page 1
(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.
Section 3.
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
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