MONTGOMERY — On Thursday, the House of Representatives passed a bill that would strengthen penalties for a person who physically injures or kills someone while driving under the influence.
State Rep. Margie Wilcox's (R-Mobile) HB243, named the Devinee Rooney and John Wesley Holt Safe Streets Act, modifies the charges for driving under the influence and causing death, changing it from a Class C felony to a Class B felony, upgrades leaving the scene of an accident to a Class B felony from a Class C felony and grants judges the power to award restitution to victims' families. The DUI manslaughter charge changes from a maximum penalty of 10 years to a maximum penalty of 20 years.
“As a matter of fact, in 2001, the Court of Criminal Appeals asked the legislature to amend this law to prevent inequities such as this from occurring in the future. Keep that in mind, in 2001, the Court of Criminal Appeals asked us to amend this law," Wilcox said on the floor as she outlined her legislation.
State Rep. Napoleon Bracy (D-Prichard) expressed concern about increasing penalties, especially for leaving the scene of an accident.
"If a person did a hit and run and they still were caught, it doesn't change the fact that a hit and run happened, and the horrible event that happened at that moment, whether they stayed or left, that horrible thing still happened," he said.
Wilcox said it was "egregious" that Alabama law "almost incentivizes" people to not render aid and to leave the scene of an accident.
"Right now, they face more penalties if someone is injured than they are if someone dies, especially if they're under the influence," she explained.
The bill passed the House 103-0 with two abstentions. It was carried by State Sen. David Sessions (R-Grand Bay) in the Senate, where it passed last week 34-0 with one abstention.
The legislation now heads to Gov. Kay Ivey's desk for her signature.
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