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HB243 INTRODUCED
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HB243
U9RPYGG-1
By Representative Wilcox
RFD: Judiciary
First Read: 14-Jan-26
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U9RPYGG-1 01/14/2026 THR (L)ma 2026-150
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First Read: 14-Jan-26
SYNOPSIS:
Under existing law, a person commits the crime
of criminally negligent homicide if he or she causes
the death of another individual by criminal negligence.
Criminally negligent homicide is a Class A misdemeanor.
However, in cases where the criminally negligent
homicide is caused by the driver or operator of a
vehicle or vessel who is under the influence of alcohol
or a controlled substance, criminally negligent
homicide is a Class C felony.
This bill would provide that a person commits
the crime of manslaughter if he or she drives or
operates a vehicle or vessel while under the influence
of alcohol or a controlled substance and causes the
death of another individual. Manslaughter is a Class B
felony.
Under existing law, a violation of the legal
requirements for individuals involved in a motor
vehicle accident involving death or personal injury are
punished for a Class C felony.
This bill would provide that a violation of the
legal requirements for individuals involved in a motor
vehicle accident shall be punished for a Class C felony
if the violation involved a physical injury, and for a
Class B felony if the violation involved a serious
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Class B felony if the violation involved a serious
physical injury or a death.
This bill would also provide that any individual
who suffers any damage or loss in connection with
criminal conduct that results in a conviction for a
violation of the legal requirements for individuals
involved in a motor vehicle accident shall be
considered a victim for the purposes of restitution.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Sections
13A-6-3, 13A-6-4, and 32-10-6, Code of Alabama 1975; to
further provide for the crimes of manslaughter and criminally
negligent homicide; to further provide for the criminal
penalties for violations related to motor vehicle accidents;
and to further provide for restitution.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Devinee Rooney and John Wesley Safe Streets Act.
Section 2. Sections 13A-6-3, 13A-6-4, and 32-10-6, Code
of Alabama 1975, are amended to read as follows:
"§13A-6-3
(a) A person commits the crime of manslaughter if he or
she does any of the following:
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she does any of the following:
(1) Recklessly causes the death of another
person individual .
(2) Causes the death of another person individual under
circumstances that would constitute murder under Section
13A-6-2; except, that he or she causes the death due to a
sudden heat of passion caused by provocation recognized by
law, and before a reasonable time for the passion to cool and
for reason to reassert itself.
(3)a. Knowingly sells, furnishes, gives away, delivers,
or distributes a controlled substance in violation of Section
13A-12-211, which contains fentanyl, any mixture containing
fentanyl, any synthetic controlled substance fentanyl, or any
synthetic controlled substance fentanyl analogue as described
in Sections 20-2-23 and 20-2-25, and the person individual to
whom the controlled substance is sold, furnished, given,
delivered, or distributed dies as a proximate result of the
use of the controlled substance ; provided, nothing . Nothing
in this subdivision shall be construed to apply to a licensed
physician engaged in the practice of medicine, a licensed
pharmacist engaged in the practice of pharmacy, or a licensed
dentist engaged in the practice of dentistry.
b. It is not a defense to this subdivision that the
person who sold, furnished, gave away, delivered, or
distributed the controlled substance had no knowledge that the
controlled substance contained fentanyl, any mixture
containing fentanyl, any synthetic controlled substance
fentanyl, or any synthetic controlled substance fentanyl
analogue as described in Section Sections 20-2-23 and 20-2-25.
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analogue as described in Section Sections 20-2-23 and 20-2-25.
(4) Drives or operates a motor vehicle or vessel in
violation of Section 32-5A-191 or 32-5A-191.3, and causes the
death of another individual.
(b) Manslaughter is a Class B felony."
"§13A-6-4
(a) A person commits the crime of criminally negligent
homicide if he or she causes the death of another person
individual by criminal negligence.
(b) The jury may consider statutes and ordinances
regulating the actor's conduct in determining whether the
actor is culpably negligent under subsection (a).
(c) Criminally negligent homicide is a Class A
misdemeanor , except in cases in which the criminally negligent
homicide is caused by the driver or operator of a vehicle or
vessel who is driving or operating the vehicle or vessel in
violation of Section 32-5A-191 or 32-5A-191.3; in these cases,
criminally negligent homicide is a Class C felony ."
"§32-10-6
(a) Every person convicted of violating Sections
32-10-1 through 32-10-5 or any of the provisions thereof, when
such violation involved only damage to property, shall be
punished the same as prescribed by law for as follows:
(1) For a violation involving only damage to property,
a Class A misdemeanor ; provided, however, that every person
convicted of violating such sections, or any provisions
thereof, when such .
(2) For a violation involved death or personal
involving physical injury, shall be punished the same as
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involving physical injury, shall be punished the same as
prescribed by law for a Class C felony.
(3) For a violation involving serious physical injury
or death, a Class B felony.
(b) Any individual who suffers any damage or loss in
connection with criminal conduct that results in a conviction
for any violation of Sections 32-10-1 through 32-10-5 shall be
considered a victim for the purposes of Article 4A of Chapter
18 of Title 15. "
Section 3. This act shall become effective on October
1, 2026.
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