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  1. #1
    snuffy2202's Avatar
    snuffy2202 is offline JUST ANOTHER TEQUILA SUNRISE
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    Proposed Alabama Law would make fleeing a felony

    BIRMINGHAM, Ala. A proposed law named for a slain police officer raised in Pleasant Grove will be introduced when the state Legislature convenes next month, said the Mobile County state representative who is sponsoring the bill.

    The Officer Keith E. Houts Act would make it a felony for a person in a vehicle to flee police, said state Rep. Spencer Collier, R-Irvington.
    ''It's the No. 1 issue when I talk to law enforcement officers,'' said Collier, a former state trooper. ''It's a wider problem than people realize.''
    Raised in Pleasant Grove, Houts, 30, was a Montgomery police officer who was fatally wounded in September 2006 during a traffic stop. He was shot as he walked to a stopped vehicle and died in a Montgomery hospital two days later.
    Houts' mother, Barbara Houts of Pleasant Grove, said she and her husband, Eddie, support the measure.
    ''All of us want police officers to protect us . . . We need something to protect our police officers,'' she said.
    Collier said it's now a misdemeanor for a person in a vehicle to flee police. But such incidents often lead to highspeed chases, endangering the public and police. The public's safety is threatened and innocent bystanders, such as other drivers, have been injured or killed during such chases, Collier noted.
    The proposed law isn't new. Collier has introduced it several times since he was elected to his first term in 2002. It's been revised over the years, but he said he thinks this session marks the best opportunity to get it passed because the issue has received more attention statewide. Also, deadly wrecks involving drivers trying to elude police in Dothan and Mobile since last year have raised awareness.
    The Alabama Sheriffs Association, the Alabama Association of Chiefs of Police and the Alabama Peace Officers Association all support the legislation.
    Some legislators and members of the House black caucus, such as state Rep. Alvin Holmes, D-Montgomery, oppose the bill and have implied that in some circumstances, minorities could be reluctant to pull over for, say, an unmarked police car. They've also said there is a law in place that makes it a felony to endanger others.
    But David Warren, a retired major with the Montgomery Police Department and now pastor of the Adger Church of God, said the proposed law has nothing to do with race.
    ''It's about breaking the law and that suspect putting the public in danger and the lives of every law enforcement officer responding in danger,'' Warren said.
    Warren, who knew Houts, said in his police career he saw ''horrible wrecks'' where individuals and even suspects were injured during a police chase.
    Collier said Houts' name was attached to the proposed legislation at Attorney General Troy King's suggestion.
    Mario Woodward of Montgomery was convicted of capital murder in Houts' death and sits on Alabama's Death Row.
    While Houts' death wasn't linked with a police chase, naming the proposed law for Houts is appropriate as he was mortally wounded during a traffic stop, Collier said.
    ''We are honored they chose Keith,'' Barbara Houts said. ''Keith would be honored to know it's been named for him.''
    Copyright 2009 Birmingham News
    The strongest reason for the people to keep and bear arms is, as a last resort, to protect themselves against the tyranny of government.
    -Thomas Jefferson

    That is why our masters in Washington are so anxious to disarm us. They are not afraid of criminals. They are afraid of a populace which cannot be subdued by tyrants. Jeff Cooper'

  2. #2
    countybear's Avatar
    countybear is offline BDRT - Baby Daddy Removal Team
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    Finally.

    Good job, AL.

    "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."
    - Alexis de Tocqueville, Democracy in America

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  3. #3
    Five-0's Avatar
    Five-0 is offline Super Moderator
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    This isn't the first time it has been tried. Let's hope for a better result this go around.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  4. #4
    luckyme's Avatar
    luckyme is offline The bastard you love, the hero you hate
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    Quote Originally Posted by snuffy2202 View Post
    [SIZE=2]Some legislators and members of the House black caucus, such as state Rep. Alvin Holmes, D-Montgomery, oppose the bill and have implied that in some circumstances, minorities could be reluctant to pull over for, say, an unmarked police car. They've also said there is a law in place that makes it a felony to endanger others.
    Don't get me wrong, I love living in Alabama, but it's shit like this that gets me fired up. How is this law possibly race related. You can NOT play the race card on everything.

    And Five-O, you've been doing this a bit longer than I have, but which law is he talking about that's a felony to endanger others? Reckless endangerment isn't. Without actually hitting someone, I don't know what law he's talking about.

  5. #5
    Five-0's Avatar
    Five-0 is offline Super Moderator
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    I was thinking 13A-6-4 Criminally Negligent Homicide. However, it is a class A misdomeanor unless they are DUI (see subset c). Most would be charged with Manslaughter. Of course someone not involved or the cop has to get killed for the fleeing person to be charged. Whiskey Tango Foxtrot!!

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  6. #6
    MacLean's Avatar
    MacLean is offline O/R Gun mod
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    It's been a felony here for years - eluding.

    Good stuff, if you can get the prosecutor to file it.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
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  7. #7
    snuffy2202's Avatar
    snuffy2202 is offline JUST ANOTHER TEQUILA SUNRISE
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    'Some legislators and members of the House black caucus, such as state Rep. Alvin Holmes, D-Montgomery, oppose the bill and have implied that in some circumstances, minorities could be reluctant to pull over for, say, an unmarked police car. They've also said there is a law in place that makes it a felony to endanger others."

    It isn't a felony in Alabama to endanger others. It is another stupid remark from Alvin Holmes. It is the most ignorant thing he has said since the last time he opened his mouth.

    The statement shows how racist and stupid the Black Caucus is in Alabama. If a law is against criminals, you can be sure they will be against it. I think it is a disservice to all law abiding black people, too.
    The strongest reason for the people to keep and bear arms is, as a last resort, to protect themselves against the tyranny of government.
    -Thomas Jefferson

    That is why our masters in Washington are so anxious to disarm us. They are not afraid of criminals. They are afraid of a populace which cannot be subdued by tyrants. Jeff Cooper'

  8. #8
    Five-0's Avatar
    Five-0 is offline Super Moderator
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    Well what do you know. This happened today.

    Suspects fleeing police involved in fatal east Birmingham crash

    Posted by Carol Robinson -- The Birmingham News January 13, 2009 11:31 AM

    Tamika MooreOfficial looks at car where motorist was killed this morning in east Birmingham as burglary suspects attempted to flee Birmingham police.
    A fatal crash involving burglary suspects fleeing from Birmingham police began following a break in at a home at 740 Biscayne Drive said Lt. Henry Irby, a spokesman for the police department.

    Officers from the East Precinct Burglary Task Force saw three men burglarizing the home and asked for assistance, Irby said. Once marked police cruisers arrived, Irby said, police began looking for the car spotted at the burglary.
    Moments later, the suspects' vehicle struck another at 9200 Parkway East. The suspects jumped out of their car and ran, but were captured a short time later, Irby said. They were riding in a silver Chevrolet Malibu.
    Paramedics arrived at the scene and pronounced the other driver dead. He was driving a blueish/green Toyota Corolla. Irby said the deceased motorist, whose name hasn't been released, was a 51-year-old white male.
    No one else was injured in the crash.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  9. #9
    gopherpuckfan's Avatar
    gopherpuckfan is offline I'm from the government and I'm here to help
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    Fleeing in a motor vehicle is a felony here already. Plus, we can seize the vehicle.
    The views expressed in the above post are the sole opinion of the author and do not reflect any official position by the author's employer and/or municipality.

  10. #10
    HudsonHawk's Avatar
    HudsonHawk is offline Moderator
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    Until about a year and a half ago it was not illegal to flee in New York. You used to just be charged with other things (speeding, reckless endangerment, etc). Now it is a misdemeanor to flee in a vehicle at 25+ MPH over the speed limit. It bumps up to a felony if someone is injured or killed. Not ideal but at least things are slowly moving in the right direction.
    "never bring paws to a gunfight" - Jenna

  11. #11
    MacLean's Avatar
    MacLean is offline O/R Gun mod
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    I gotta say I am surprised and chagrined that I never thought it was any different in other States.

    I should have known better.

    RCW 46.61.024

    Attempting to elude police vehicle — Defense — License revocation.

    (1) Any driver of a motor vehicle who willfully fails or refuses to immediately bring his vehicle to a stop and who drives his vehicle in a reckless manner while attempting to elude a pursuing police vehicle, after being given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a class C felony. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such a signal shall be in uniform and the vehicle shall be equipped with lights and sirens.

    (2) It is an affirmative defense to this section which must be established by a preponderance of the evidence that: (a) A reasonable person would not believe that the signal to stop was given by a police officer; and (b) driving after the signal to stop was reasonable under the circumstances.

    (3) The license or permit to drive or any nonresident driving privilege of a person convicted of a violation of this section shall be revoked by the department of licensing.

    [2003 c 101 § 1; 1983 c 80 § 1; 1982 1st ex.s. c 47 § 25; 1979 ex.s. c 75 § 1.]
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  12. #12
    Morris is offline Chief Wheaties Pisser
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    Good stuff, if you can get the prosecutor to file it.
    No kidding. I had one prosecutor refuse to file charges because the defendant could not clearly identify me INSIDE THE MARKED PATROL CAR as a uniformed officer. Never mind the lights and sirens. I had another decline to prosecute because in my report, I did not include language about me being in uniform and in a marked patrol car.

    No shit.

    And people wonder why I have a strong distaste for our county prosecutors.

  13. #13
    Bama512's Avatar
    Bama512 is offline Master Officer
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    The law enforcement community doesn't get very vocal about this legislation when there is an attempt to pass it. Some of our legislators don't want to pass it in the first place, but they will pass laws to restrict speed enforcement on the interstate by smaller towns because they got stopped for speeding....interesting.

 

 

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