Under existing law, a person convicted of driving under the influence is subject to certain penalties of increasing severity based on subsequent convictions.
Existing law does not require a person convicted of driving under the influence to have installed and operating an ignition interlock device on any motor vehicle driven by the offender for certain periods of time.
This bill would require under certain conditions for a person convicted of driving under the influence to have installed and operating an ignition interlock device on any motor vehicle driven by the offender for increasing periods of time based on a conviction or subsequent convictions.
This bill would also require as condition for bail after an arrest for a second or subsequent violation that a defendant have an ignition interlock device installed.
This bill would require the Department of Forensic Sciences to certify ignition interlock devices. The Department of Public Safety would be required to issue restricted driver's licenses for persons required to drive only with an ignition interlock device and would authorize a fee for the issuance of the license and reinstatement of a regular license.
This bill would also indemnify the state from liability related to the installation of the devices.
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.
Delivered to Governor at 11:45 p.m. on June 2, 2011.
Assigned Act No. 2011-613.
Clerk of the House Certification
Signature Requested
Enrolled
Concurred in Second House Amendment
Hill motion to Concur In and Adopt adopted Roll Call 1106
Concurrence Requested
Motion to Read a Third Time and Pass adopted Roll Call 947
Motion to Adopt adopted Roll Call 946
Holtzclaw Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Judiciary
Engrossed
Cosponsors Added
Motion to Read a Third Time and Pass adopted Roll Call 690
Motion to Adopt adopted Roll Call 689
Public Safety and Homeland Security Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar 1 amendment
Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
Source: Alabama Legislature