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HB37 ENGROSSED
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HB37
9J5LLMM-2
By Representative Ingram
RFD: Judiciary
First Read: 13-Jan-26
PFD: 14-Aug-25
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PFD: 14-Aug-25
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Section
13A-10-52, Code of Alabama 1975; to include various conditions
under which the crime of eluding or attempting to elude a law
enforcement officer is subject to heightened criminal
penalties; and to provide certain mandatory minimum penalties
for multiple convictions of eluding or attempting to elude a
law enforcement officer.
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.
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officer to bring the vehicle to a stop.
(c)(1) A violation of subsection (a) or (b) is a Class
A misdemeanor Class D felony .
(2) A violation of subsection (a) or (b) is a Class C
felony if any of the following occur:
a. The flight or attempt to elude causes the offender
to strike or collide with another vehicle or pedestrian.
b. The flight or attempt to elude causes physical
injury to any other person.
c. The flight or attempt to elude results in the
offender crossing the lines of this state into a neighboring
state.
d. During the flight or attempt to elude, a child under
14 years of age is present in the vehicle.
e. The flight or attempt to elude occurs while the
offender is released on bail, probation, or parole, or while
the offender is serving a sentence in a community corrections
or work release program.
f. At the time of the offense, the offender has a
previous conviction for a violation of subsection (a) or (b).
(3) A violation of subsection (a) or (b) is a Class B
felony if either any of the following occur:
a. The flight or attempt to elude causes serious
physical injury or death to any other person.
b. During the flight or attempt to elude , the person
exceeds 20 miles per hour over the legal maximum speed limit.
c. During the flight or attempt to elude, the offender
strikes or attempts to strike a law enforcement officer or a
vehicle occupied by a law enforcement officer.
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vehicle occupied by a law enforcement officer.
d. At the time of the offense, the offender has two or
more previous convictions for a violation of subsection (a) or
(b).
(d)(1) Upon conviction for a violation of subsection
(a) or (b), the court shall order the suspension of the driver
license of the defendant for a period of not less than six
months nor more than two years.
(2) Upon a second conviction for a violation of
subsection (a) or (b) within a 10-year period of time, as
measured from the dates of previous arrests for which
convictions were obtained to the date of the current arrest
for which a conviction is obtained, the court shall sentence
the defendant to a minimum of 90 days confinement.
(3) Upon a third or subsequent conviction for a
violation of subsection (a) or (b) within a 10-year period of
time, as measured from the dates of previous arrests for which
convictions were obtained to the date of the current arrest
for which a conviction is obtained, the court shall sentence
the defendant to a minimum of 180 days confinement.
(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.
(f) If an individual charged with a violation of this
section is arrested by a municipal law enforcement agency and
detained in the county jail, the arresting municipality shall
reimburse the county commission for any medical costs
associated with the individual's detention. "
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associated with the individual's detention. "
Section 2. This act shall become effective on October
1, 2026.
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1, 2026.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Judiciary
................13-Jan-26
Read for the second time and placed
on the calendar:
0 amendments
................29-Jan-26
Read for the third time and passed
as amended
Yeas 103
Nays 0
Abstains 1
................03-Feb-26
John Treadwell
Clerk
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