105228-1:n:12/03/2008:KBH/ll LRS2008-4765




HB68
By Representative Collier
RFD Judiciary
Rd 1 03-FEB-09


SYNOPSIS:Under existing law, the crime of eluding police is an unclassified misdemeanor offense.
 This bill would make it a crime for a person to elude a law enforcement officer who is attempting to arrest the person.
 This bill would make it a crime for a person who attempts to elude a law enforcement officer after having been signaled to stop by the officer.
 This bill would provide a defense to a charge of eluding a law enforcement officer.
 This bill would provide an affirmative defense to prosecution under this act.
 This bill would provide for penalties including the suspension of the driver's license of a person convicted of violating this section.
 This bill would repeal the existing law relating to eluding police.
 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.

A BILL
TO BE ENTITLED
AN ACT

To make it a crime for a person to elude a law enforcement officer who is attempting to arrest the person; to make it a crime for a person to attempt to elude a law enforcement officer in a motor vehicle after having been signaled to stop by the officer; to provide a defense to a charge of eluding a law enforcement officer; to provide an affirmative defense to prosecution under this act; to provide for penalties including the suspension of the driver's license of a person convicted of violating this act; to repeal Section 32-5A-193 of the Code of Alabama 1975, relating to eluding a law enforcement officer; 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and cited as the "Officer Keith E. Houts Act."

Section 2. The Legislature of Alabama finds and declares the following:

(1) Too many criminals flee from law enforcement resulting in risk to the law enforcement officers and innocent citizens.

(2) The enactment of this act will provide needed penalties to those criminals who choose to run from law enforcement and create this risk to the law enforcement officers and innocent citizens.

Section 3. (a) For purposes of this act, the term "law enforcement officer" shall mean any person who has the power of arrest pursuant to the laws of this state and who is acting in his or her official capacity.

(b) The term "law enforcement officer" does not include any law enforcement officer who is on strike or engaged in any form of work stoppage or a private security officer.

Section 4. (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) Fleeing from an arrest is a Class B misdemeanor.

Section 5. (a) 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.

(b) A violation of subsection (a) is a Class C felony unless the flight or attempt to elude creates a risk of death or injury to innocent bystanders or third parties in which case the violation shall be a Class B felony. In addition, the court shall order the suspension of the driver's license of the defendant for a period of not less than six months nor more than two years.

Section 6. It is an affirmative defense to prosecution under Sections 3 or 4 that the arrest was unlawful.

Section 7. In order to be guilty of violating Sections 4 or 5, the law enforcement officer must be acting under color of law when attempting to arrest the person or signaling the vehicle to stop.

Section 8. A person charged under Sections 4 or 5 may not be charged with the crime of resisting arrest under Section 13A-10-41, Code of Alabama 1975, based on the same facts on which a charge under Sections 4 and 5 are based.

Section 9. Section 32-5A-193 of the Code of Alabama 1975, relating to fleeing or attempting to elude a police officer is hereby repealed.

Section 10. 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 Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 11. 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.


Crimes and Offenses
Criminal Law and Procedure
Law Enforcement Officers
Licenses and Licensing
Motor Vehicles
Popular Names
Code Repealed