HB419INTRODUCED
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HB419
L56VDWY-1
By Representative Ingram
RFD: Judiciary
First Read: 06-Mar-25
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5 L56VDWY-1 03/06/2025 THR (L)THR 2025-1080
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First Read: 06-Mar-25
SYNOPSIS:
Under existing law, the court is required to
suspend the driver license of a person convicted of
eluding or attempting to elude a law enforcement
officer.
This bill would provide that a court must
sentence a person convicted for eluding or attempting
to elude a law enforcement officer to a minimum of 60
days confinement.
This bill would also provide that a person
arrested for eluding or attempting to elude a law
enforcement officer shall not be released from jail
under bond or otherwise for at least 48 hours.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Section
13A-10-52, Code of Alabama 1975; to further provide for the
penalties for 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
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Section 1. Section 13A-10-52, Code of Alabama 1975, is
amended to read as follows:
"ยง13A-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.
(c)(1) A violation of subsection (a) or (b) is a Class
A misdemeanor.
(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.
(3) A violation of subsection (a) or (b) is a Class B
felony if either 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.
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exceeds 20 miles per hour over the legal maximum speed limit.
(d) Upon conviction of subsection (a) or (b), the court
shall do both of the following:
(1) Sentence the defendant to a minimum of 60 days
confinement.
(2) order Order the suspension of the driver license of
the defendant for a period of not less than six months nor
more than two years.
(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."
Section 2. An individual charged with a violation of
Section 13A-10-52, Code of Alabama 1975, shall be subject to a
48-hour temporary holding period from the time of arrest. The
individual shall be held in custody and any bond, appearance
bond, secured appearance bond, or personal recognizance order
shall not be enforced nor executed, and the individual shall
not be released on bail or otherwise, until the passage of the
48-hour temporary holding period from the time of the arrest
has been completed.
Section 3. This act shall become effective on October
1, 2025.
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