SB32ENGROSSED
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SB32
EN1B92C-2
By Senator Smitherman
RFD: Judiciary
First Read: 04-Feb-25
PFD: 31-Dec-24
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PFD: 31-Dec-24
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Sections
13A-6-1, 13A-6-2, 13A-6-3, as last amended by Act 2024-103,
2024 Regular Session, 13A-6-20, and 13A-6-21, as last amended
by Act 2024-91, 2024 Regular Session, Code of Alabama 1975, to
create the definition of machinegun; and to provide for
mandatory enhanced sentences for a person who causes the death
of another by means of a machinegun or causes an injury by
means of a machinegun.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-6-1, 13A-6-2, 13A-6-3, as last
amended by Act 2024-103, 2024 Regular Session, 13A-6-20, and
13A-6-21, as last amended by Act 2024-91, 2024 Regular
Session, Code of Alabama 1975, are amended to read as follows:
"§13A-6-1
(a) As used in Article 1 and Article 2, the following
terms shall have the following meanings ascribed to them by
this section:
(1) CRIMINAL HOMICIDE. Murder, manslaughter, or
criminally negligent homicide.
(2) HOMICIDE. A person commits criminal homicide if he
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(2) HOMICIDE. A person commits criminal homicide if he
or she intentionally, knowingly, recklessly or with criminal
negligence causes the death of another person.
(3) MACHINEGUN. a. Any of the following:
1. Any firearm that shoots, is designed to shoot, or
can be readily restored to shoot, more than one shot
automatically without manual reloading and by a single
function of the trigger.
2. Any part or combination of parts intended solely for
use in converting a firearm into a machinegun.
3. Any combination of parts from which a machinegun can
be assembled if the parts are in the possession or control of
a person.
b. The term does not include the following: Any part,
combination of parts, or device that is designed or intended
to increase a firearm's rate of fire but that does not enable
a semiautomatic firearm to fire more than two shots, without
manual reloading, by a single function of the trigger.
(3)(4) PERSON. The term, when referring to the victim
of a criminal homicide or assault, means a human being,
including an unborn child in utero at any stage of
development, regardless of viability.
(b)(1) Article 1 or Article 2 shall not apply to the
death or injury to an unborn child alleged to be caused by
medication or medical care or treatment provided to a pregnant
woman when performed by a licensed physician or other licensed
health care provider.
(2) Mistake, or unintentional error on the part of a
licensed physician or other licensed health care provider or
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licensed physician or other licensed health care provider or
his or her employee or agent or any person acting on behalf of
the patient shall not subject the licensed physician or other
licensed health care provider or person acting on behalf of
the patient to any criminal liability under this section.
(3) "Medical care" or "treatment" includes, but is not
limited to, ordering, dispensation , or administration of
prescribed medications and medical procedures.
(c) A victim of domestic violence or sexual assault may
not be charged under Article 1 or Article 2 for the injury or
death of an unborn child caused by a crime of domestic
violence or rape perpetrated upon her.
(d) Nothing in Article 1 or Article 2 shall permit the
prosecution of (1): (i) any person for conduct relating to an
abortion for which the consent of the pregnant woman or a
person authorized by law to act on her behalf has been
obtained or for which consent is implied by law ; or (2)(ii)
any woman with respect to her unborn child.
(e) Nothing in this section shall make it a crime to
perform or obtain an abortion that is otherwise legal. Nothing
in this section shall be construed to make an abortion legal
which is not otherwise authorized by law."
"§13A-6-2
(a) A person commits the crime of murder if he or she
does any of the following:
(1) With intent to cause the death of another person,
he or she causes the death of that person or of another
person.
(2) Under circumstances manifesting extreme
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(2) Under circumstances manifesting extreme
indifference to human life, he or she recklessly engages in
conduct which that creates a grave risk of death to a person
other than himself or herself, and thereby causes the death of
another person.
(3) He or she commits Commits or attempts to commit
arson in the first degree, burglary in the first or second
degree, escape in the first degree, kidnapping in the first
degree, rape in the first degree, robbery in any degree,
sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to
human life and, in the course of and in furtherance of the
crime that he or she is committing or attempting to commit, or
in immediate flight therefrom, he or she, or another
participant if there be any, causes the death of any person.
(4) He or she commits Commits the crime of arson and a
qualified governmental or volunteer firefighter or other
public safety officer dies while performing his or her duty
resulting from the arson.
(b) A person does not commit murder under subdivisions
subdivision (a)(1) or (a)(2) of this section if he or she was
moved to act by a sudden heat of passion caused by provocation
recognized by law , and before there had been a reasonable time
for the passion to cool and for reason to reassert itself. The
burden of injecting the issue of killing under legal
provocation is on the defendant , but this does not shift the
burden of proof. This subsection does not apply to a
prosecution for, or preclude a conviction of, manslaughter or
other crime.
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other crime.
(c)(1)a. Murder is a Class A felony ; provided, that the
.
b. The punishment for murder or any offense committed
under aggravated circumstances by a person 18 years of age or
older, as provided by Article 2 of Chapter 5 of this title, is
death or life imprisonment without parole, which punishment
shall be determined and fixed as provided by Article 2 of
Chapter 5 of this title or any amendments thereto . The
punishment for murder or any offense committed under
aggravated circumstances by a person under the age of 18 years
of age, as provided by Article 2 of Chapter 5, is either life
imprisonment without parole, or life, which punishment shall
be determined and fixed as provided by Article 2 of Chapter 5
of this title or any amendments thereto and the applicable
Alabama Rules of Criminal Procedure.
c. The punishment for murder where the death was caused
by a machinegun committed by a person 18 years of age or older
is life imprisonment without the possibility of parole. The
punishment for murder where the death was caused by a
machinegun committed by a person under 18 years of age is
either life imprisonment without parole or life imprisonment.
(2) If the defendant is sentenced to life on a capital
offense, the defendant must serve a minimum of 30 years, day
for day, prior to first consideration of parole."
"§13A-6-3
(a) A person commits the crime of manslaughter if he or
she does any of the following:
(1) Recklessly causes the death of another person.
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(1) Recklessly causes the death of another person.
(2) Causes the death of another person 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 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 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 SectionSections 20-2-23 and 20-2-25.
(b)(1)Manslaughter Except as provided in subdivision
(2), manslaughter is a Class B felony.
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(2), manslaughter is a Class B felony.
(2) Manslaughter is a Class A felony if the death was
caused by a machinegun, and on a conviction, the defendant
shall be sentenced to life imprisonment without the
possibility of parole. "
"§13A-6-20
(a) A person commits the crime of assault in the first
degree if he or she does any of the following :
(1) With intent to cause serious physical injury to
another person, he or she causes serious physical injury to
any person by means of a deadly weapon or a dangerous
instrument; or.
(2) With intent to disfigure another person seriously
and permanently, or to destroy, amputate, or disable
permanently a member or organ of the body of another person,
he or she causes such an injury to any person ; or.
(3) Under circumstances manifesting extreme
indifference to the value of human life, he or she recklessly
engages in conduct which that creates a grave risk of death to
another person, and thereby causes serious physical injury to
any person; or.
(4) In the course of and in furtherance of the
commission or attempted commission of arson in the first
degree, burglary in the first or second degree, escape in the
first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first
degree or any other felony clearly dangerous to human life, or
of immediate flight therefrom, he or she causes a serious
physical injury to another person ; or.
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physical injury to another person ; or.
(5) While driving under the influence of alcohol or a
controlled substance or any combination thereof in violation
of Section 32-5A-191 or 32-5A-191.3, he or she causes serious
physical injury to the person of another with a vehicle or
vessel.
(b)(1)Assault Except as provided in subdivision (2),
assault in the first degree is a Class B felony.
(2) Assault in the first degree is a Class A felony if
the injury was caused by a machinegun, and on a conviction,
the defendant shall be sentenced to life imprisonment. "
"§13A-6-21
(a) A person commits the crime of assault in the second
degree if the person he or she does any of the following:
(1) With intent to cause serious physical injury to
another person, he or she causes serious physical injury to
any person.
(2) With intent to cause physical injury to another
person, he or she causes physical injury to any person by
means of a deadly weapon or a dangerous instrument.
(3) He or she recklessly Recklessly causes serious
physical injury to another person by means of a deadly weapon
or a dangerous instrument.
(4)a. With intent to prevent a peace officer, as
defined in Section 36-21-60, a detention or correctional
officer at any municipal or county jail or state penitentiary,
emergency medical personnel, a utility worker, or a
firefighter from performing a lawful duty, he or she intends
to cause physical injury and he or she causes physical injury
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to cause physical injury and he or she causes physical injury
to any person.
b. For the purpose of this subdivision, a person who is
a peace officer who is employed or under contract while off
duty by a private or public entity is a peace officer
performing a lawful duty when the person is working in his or
her approved uniform while off duty with the approval of his
or her employing law enforcement agency. Provided, however,
that nothing contained in this subdivision shall be deemed or
construed as amending, modifying, or extending the
classification of a peace officer as off-duty for workers'
compensation purposes or any other benefits to which a peace
officer may otherwise be entitled to under law when considered
on-duty. Additionally, nothing contained in this subdivision
shall be deemed or construed as amending, modifying, or
extending the tort liability of any municipality as a result
of any action or inaction on the part of an off-duty police
officer.
(5) With intent to cause physical injury to a teacher
or to an employee of a public educational institution during
or as a result of the performance of his or her duty, he or
she causes physical injury to any person.
(6) With intent to cause physical injury to a health
care worker, including a nurse, physician, technician, or any
other person employed by or practicing at a hospital as
defined in Section 22-21-20; a county or district health
department; a long-term care facility; a physician's office,
clinic, or outpatient treatment facility during the course of
or as a result of the performance of the duties of the health
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or as a result of the performance of the duties of the health
care worker or other person employed by or practicing at the
hospital; the county or district health department; any health
care facility owned or operated by the State of Alabama; the
long-term care facility; the physician's office, clinic, or
outpatient treatment facility; or a pharmacist, pharmacy
technician, pharmacy intern, pharmacy extern, or pharmacy
cashier; he or she causes physical injury to any person. This
subdivision shall apply to assaults on home health care
workers while they are in a private residence. This
subdivision shall not apply to assaults by patients who are
impaired by medication.
(7) For a purpose other than lawful medical or
therapeutic treatment, he or she intentionally causes stupor,
unconsciousness, or other physical or mental impairment or
injury to another person by administering to him or her,
without his or her consent, a drug, substance or preparation
capable of producing the intended harm.
(8) With intent to cause physical injury to a
Department of Human Resources employee or any employee
performing social work, as defined in Section 34-30-1, during
or as a result of the performance of his or her duty, he or
she causes physical injury to any person.
(9) With intent to cause physical injury to a letter
carrier, as defined in Section 32-6-380, during or as a result
of the performance of his or her duty, he or she causes
physical injury to any person.
(b)(1)Assault Except as provided in subdivision (2),
assault in the second degree is a Class C felony.
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assault in the second degree is a Class C felony.
(2) Assault in the second degree is a Class A felony if
the injury was caused by a machinegun, and on a conviction,
the defendant shall be sentenced to life imprisonment.
(c) For the purposes of this section, "utility worker"
means any person who is employed by an entity that owns,
operates, leases, or controls any plant, property, or facility
for the generation, transmission, manufacture, production,
supply, distribution, sale, storage, conveyance, delivery, or
furnishing to or for the public of electricity, natural or
manufactured gas, water, steam, sewage, or telephone service,
including two or more utilities rendering joint service."
Section 2. This act shall become effective on October
1, 2025.
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1, 2025.
Senate
Read for the first time and referred
to the Senate committee on Judiciary
................04-Feb-25
Read for the second time and placed
on the calendar:
0 amendments
................12-Feb-25
Read for the third time and passed
as amended
Yeas 30
Nays 1
Abstains 0
................13-Feb-25
Patrick Harris,
Secretary.
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