SB211 Alabama 2010 Session

Summary

Primary Sponsor

Arthur Orr Senator

Republican

Session

Regular Session 2010

Title

Motor vehicles, third or subsequent offense of driving under the influence while license is cancelled, suspended, or revoked, penalties increased, Sec. 32-6-19 am'd.

Description

Under existing law, a person who drives a motor vehicle while his or her driver's license is cancelled, denied, suspended, or revoked is guilty of a misdemeanor punishable by a minimum fine of $100 up to a maximum of $500 and imprisonment of no more than 180 days.

Existing law further provides that a person operating a motor vehicle while his or her driver's license is suspended as a consequence of a DUI-related offense shall have his or her car impounded.

This bill would provide that a person convicted for a third or subsequent time for operating a motor vehicle while his or her license is cancelled, denied, suspended, or revoked when his or her license was cancelled, denied, suspended, or revoked as a consequence of a DUI-related offense would be guilty of a Class A misdemeanor with a minimum mandatory sentence of 30 days in jail.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Crimes and Offenses