The
If you are charged with an attempting to elude a
Below is the actual bill being proposed:
SYNOPSIS: Under existing law, the crime of eluding police is an unclassified misdemeanor offense.
This bill would provide a two-tiered level of crime for eluding a law enforcement officer, including a Class C felony offense for serious violations. This bill would provide a mechanism for law enforcement officers to issue violations to owners of vehicles used for eluding when the officer has a vehicle tag number.
The bill would also provide for the revocation of the driver's license of persons convicted of a felony offense of eluding a law enforcement officer.
Amendment 621 of the Constitution of Alabama of 1901 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 Amendment 621. 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 Amendment 621.
A
TO BE ENTITLED
AN ACT
To amend Sections 32-5A-193 and 32-5A-195 of the Code of Alabama 1975, relating to eluding a law enforcement officer; to provide a two-tiered level of crime for eluding a law enforcement officer; to provide for law enforcement officers to issue violations to owners of vehicles used for eluding; 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.
BE IT ENACTED BY THE LEGISLATURE OF
Section 1. Sections 32-5A-193 and 32-5A-195 of the Code of Alabama 1975, are amended to read as follows:
"§32-5A-193.
"(a) Any driver of a motor vehicle who willfully fails or refuses to bring his the vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police law enforcement vehicle, when given a visual or audible signal to bring the vehicle to a stop, or who attempts to flee or evade a law enforcement officer using a motor vehicle in an attempt to flee from the enforcement of a traffic violation or other law enforcement action, or any person who flees a law enforcement officer on foot or otherwise when given a visual or audible signal to stop shall be guilty of a misdemeanor. The signal given by the police officer may be by hand, voice, emergency light or siren eluding a law enforcement officer in the second degree. Eluding a law enforcement officer in the second degree is a Class A misdemeanor.
"(b) Every person convicted of fleeing or attempting to elude a police officer shall be punished by imprisonment for not less than 30 days nor more than six months or by a fine of not less than $100.00 nor more than $500.00, or by both such fine and imprisonment. Any driver who violates subsection (a) and does any of the following shall be guilty of eluding a law enforcement officer in the first degree, which is a Class C felony:
"(1) Drives in excess of 15 miles per hour above the speed limit.
"(2) Drives in a manner which demonstrates a reckless disregard for the safety of persons or property.
“(3) Flees a law enforcement officer with an innocent passenger in the vehicle.
"(4) Commits more than three traffic violations during the pursuit.
"(5) Commits a felony prior to or during the pursuit.
"(6) Causes damage to the property of another in excess of five hundred dollars ($500) or bodily injury to another.
"(7) Is under the influence of alcohol or any other substance or combination of substances in violation of Section 32-5A-191.
"(8) Leaves the scene of an accident in violation of Section 32-10-1 or Section 32-10-2.
"(c) The signal to stop given by the law enforcement officer may be by hand, voice, emergency light, or siren. The officer giving the signal shall be in uniform, prominently displaying a badge of office, and the vehicle shall be appropriately marked to show that the vehicle is an official law enforcement vehicle.
"(d) The court shall notify the Director of Public Safety of any conviction under this section within 10 days after sentencing. Upon conviction of eluding a law enforcement officer in the first degree, the court shall require the surrender of the driver's license of the offender and the court shall forward the license with the record of conviction to the director.
"(e) Any law enforcement officer who engages in the pursuit of a person or persons suspected of violation of this section shall be entitled to immunity under Section
"(f) A traffic citation may be issued against the owner of a motor vehicle who has knowledge or should have knowledge that the vehicle may be used in the crime of eluding if a law enforcement officer observes the vehicle used for the violation of subsection (a) or (b), records a detailed description and license plate number of the vehicle, and does not pursue or is not able to stop the driver for the offense. The officer who observes a violation shall submit an affidavit against the owner to the appropriate court which shall include a description of the motor vehicle, the license plate number, and the state of issuance of the license plate. Upon approval by the court, a summons shall be issued against the owner of the vehicle which shall be forwarded by personal service or first-class mail to the address given on the motor vehicle registration. The summons shall clearly state a description of the eluding offense. The owner may be fined an amount, fixed by the court, not to exceed two hundred dollars ($200) or be sentenced to not more than 30 days in jail, or by both fine and imprisonment.
"§32-5A-195.
"(a) The Director of Public Safety is hereby authorized to may cancel any driver's license upon determining that the licensee was not entitled to the issuance thereof hereunder or that said the licensee failed to give the correct or required information in his or her application. Upon such the cancellation, the licensee must shall surrender the cancelled license so cancelled. If such the licensee refuses to surrender such the license, he or she shall be guilty of a misdemeanor.
"(b) The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder shall be subject to suspension or revocation by the Director of Public Safety in like manner and for like cause as a driver's license issued hereunder may be suspended or revoked.
(c) The Director of Public Safety is further authorized director, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, to may forward a certified copy of such the record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
"(d) When a nonresident's operating privilege is suspended or revoked, the Director of Public Safety director shall forward a certified copy of the record of such the action to the motor vehicle administrator in the state wherein such the person resides.
"(e) The Director of Public Safety is authorized to director may suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such the person in another state of any offense therein
which, if committed in this state, would be grounds for the suspension or revocation of the license of a driver.
"(f) The Director of Public Safety director may give such effect to conduct of a resident in another state as is provided by the laws of this state had such the conduct occurred in this state.
"(g) Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the license of such the person by the department, the court in which such the conviction is had shall require the surrender to it the court of any driver's license then held by the
person convicted and the court shall thereupon forward the same driver's license together with a record of such the conviction to the Director of Public Safety director.
"(h) Every court having jurisdiction over offenses committed under this article or any other law of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, shall forward to the Director of Public Safety director within 10 days a record of the conviction of any person in said the court for a violation of any said laws other than regulations governing standing or parking, and may recommend the suspension of the driver's license of the person so convicted.
"(i) For the purposes of this article, the term "conviction" shall mean a final conviction. Also, for the purposes of this article, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, a plea of nolo contendere accepted by the court, the payment of a fine, a plea of guilty or a finding of guilt of a traffic violation charge, shall be equivalent to a conviction regardless of whether the penalty is rebated, suspended, or probated.
"(j) The Director of Public Safety director shall forthwith revoke the license of any driver upon receiving a record of such the driver's conviction of any of the following offenses:
"(1) Manslaughter or homicide by vehicle resulting from the operation of a motor vehicle;.
"(2) Upon a first conviction of driving or being in actual physical control of any vehicle while under the influence of alcohol or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving, such the revocation shall take place only when ordered by the court rendering such conviction;.
"(3) Upon a second or subsequent conviction within a five-year period, of driving or being in actual physical control of any vehicle while under the influence of alcohol or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving;.
"(4) Any felony in the commission of which a motor vehicle is used;.
"(5) Failure to stop, render aid, or identify himself or herself as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;.
"(6) Perjury or the making of a false affidavit or statement under oath to the Director of Public Safety director under this article or under any other law relating to the ownership or operation of motor vehicles;.
"(7) Conviction upon three charges of reckless driving committed within a period of 12 months; five years.
"(8) Unauthorized use of a motor vehicle belonging to another which act does not amount to a felony.
"(9) Eluding a law enforcement officer in the first degree. Upon conviction the director shall revoke the driver's
license of the person convicted for a period of one year unless the person has a prior misdemeanor or felony conviction under Section 32-5A-193, in which case the director shall revoke all driving privileges of the convicted person for a period of five years.
"(k) The Director of Public Safety is hereby authorized to director may suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
"(1) Has committed an offense for which mandatory revocation of license is required upon conviction;.
"(2) Has been convicted with such frequency of serious offenses against traffic regulations governing the
movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;.
"(3) Is an habitually reckless or negligent driver of a motor vehicle, such fact being established by a record of accidents, or by other evidence;.
"(4) Is incompetent to drive a motor vehicle;.
"(5) Has permitted an unlawful or fraudulent use of such license;.
"(6) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation;.
"(7) Has been convicted of fleeing or attempting to elude a police officer; or eluding a law enforcement officer in the second degree.
"(8) Has been convicted of racing on the highways.
"(l) Upon suspending the license of any person as hereinbefore in pursuant to this section authorized, the Director of Public Safety director shall immediately notify the licensee in writing and upon his or her request shall afford him or her an opportunity for a hearing as early as practicable, not to exceed 30 days after receipt of such the request in the county wherein the licensee resides unless the Director of Public Safety director and the licensee agree that such the hearing may be held in some other county. Such The hearing shall be before the Director of Public Safety director or his or her duly authorized agent. Upon such hearing, the Director of Public Safety director or his or her duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses in the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing, the Director of Public Safety director or his or her duly authorized agent shall either rescind its order of suspension or, good cause appearing therefor, may continue, modify, or extend the suspension of such the licensee or revoke such the license. If the license has been suspended as a result of the licensee's driving while under the influence of alcohol, the director or his or her agent conducting the hearing shall take into account, among other relevant factors, the licensee's successful completion of any duly established "highway intoxication seminar," "DWI counterattack course" or similar educational program designed for problem drinking drivers. If the hearing is conducted by a duly authorized agent instead of by the Director of Public Safety himself director, the action of such the agent must shall be approved by the Director of Public Safety director.
"(m) The Director of Public Safety director shall
not suspend a driver's license or privilege to drive a motor
vehicle upon the public highways for a period of more than one
year, except as permitted under Section 32-6-19.
"(n) At the end of the period of suspension a license surrendered to the Director of Public Safety director under subsection (o) shall be returned to the licensee.
"(o) The Director of Public Safety director upon cancelling canceling, suspending, or revoking a license shall require that such the license be surrendered to and be retained by the Director of Public Safety director. Any person whose license has been cancelled, suspended, or revoked shall immediately return his or her license to the Director of Public Safety director. If such the licensee refuses to surrender such his or her license, he or she shall be guilty of a misdemeanor.
"(p) Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this section shall not operate a motor vehicle in this state under a license or permit issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this article.
"(q) Any person denied a license or whose license has been cancelled, suspended, or revoked by the Director of Public Safety director except where such cancellation or revocation is mandatory under the provisions of this article shall have the right to file a petition within 30 days thereafter for a hearing in the matter in the circuit court in the county wherein such person he or she resides, or in the case of cancellation, suspension, or revocation of a nonresident's operating privilege in the county in which the main office of the Director of Public Safety director is located, and such the court is hereby vested with jurisdiction and it shall be its the duty of the court to set the matter for hearing upon 30 days' written notice to the Director of Public Safety director, and thereupon to take testimony and examine into the facts of the case and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation, or revocation of license under the provisions of this section."
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 Amendment 621 because the bill defines a new crime or 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.
