1 HB239
2 211081-4
3 By Representative Shaver
4 RFD: Judiciary
5 First Read: 02-FEB-21
6 PFD: 02/01/2021
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1 ENGROSSED
2
3
4 A BILL
5 TO BE ENTITLED
6 AN ACT
7
8 Relating to crimes and offenses; to amend Section
9 13A-10-52, Code of Alabama 1975, to revise the criminal
10 penalties for violations of fleeing or attempting to elude law
11 enforcement; and in connection therewith would have as its
12 purpose or effect the requirement of a new or increased
13 expenditure of local funds within the meaning of Amendment 621
14 of the Constitution of Alabama of 1901, as amended by
15 Amendment 890, now appearing as Section 111.05 of the Official
16 Recompilation of the Constitution of Alabama of 1901, as
17 amended.
18 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
19 Section 1. Section 13A-10-52, Code of Alabama 1975,
20 is amended to read as follows:
21 "13A-10-52.
22 "(a) It shall be unlawful for a person to
23 intentionally flee by any means from anyone the person knows
24 to be a law enforcement officer if the person knows the
25 officer is attempting to arrest the person.
26 "(b) It shall be unlawful for a person while
27 operating a motor vehicle on a street, road, alley, or highway
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1 in this state, to intentionally flee or attempt to elude a law
2 enforcement officer after having received a signal from the
3 officer to bring the vehicle to a stop.
4 "(c)(1) A violation of subsection (a) or (b) is a
5 Class A misdemeanor unless the.
6 "(2) A violation of subsection (a) or (b) is a Class
7 C felony if the flight or attempt to elude results in the
8 offender crossing the lines of the State of Alabama into a
9 neighboring state or causes an actual death or physical injury
10 C felony if either of the following occur:
11 a. While committing a separate felony, the flight or
12 attempt to elude causes an actual death or results in the
13 offender crossing the lines of the State of Alabama into a
14 neighboring state.
15 b. The flight or attempt to elude causes physical
16 injury to innocent bystanders or third parties, in which case
17 the violation shall be a Class C felony. In addition, the any
18 other person.
19 "(3) A violation of subsection (a) or (b) is a Class
20 B felony if the flight or attempt to elude causes serious
21 physical injury or death to any other person.
22 "(d) Upon conviction of subsection (a) or (b), the
23 court shall order the suspension of the driver's license of
24 the defendant for a period of not less than six months nor
25 more than two years."
26 Section 2. Although this bill would have as its
27 purpose or effect the requirement of a new or increased
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1 expenditure of local funds, the bill is excluded from further
2 requirements and application under Amendment 621, as amended
3 by Amendment 890, now appearing as Section 111.05 of the
4 Official Recompilation of the Constitution of Alabama of 1901,
5 as amended, because the bill defines a new crime or amends the
6 definition of an existing crime.
7 Section 3. This act shall become effective on the
8 first day of the third month following its passage and
9 approval by the Governor, or its otherwise becoming law.
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1
2
3 House of Representatives
4 Read for the first time and re-
5 ferred to the House of Representa-
6 tives committee on Judiciary ...... ....... 02-FEB-21
7
8 Read for the second time and placed
9 on the calendar with 1 substitute
10 and................................ ....... 03-MAR-21
11
12 Read for the third time and passed
13 as amended......................... ....... 15-APR-21
14 Yeas 76, Nays 24, Abstains 1
15
16 Jeff Woodard
17 Clerk
18
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Statutes affected:
Introduced: 13A-10-52
Engrossed: 13A-10-52