SB291 Alabama 2011 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2011

Title

Motor vehicles, driving under the influence, penalties to include mandatory use of ignition interlock device under certain conditions, Forensic Sciences Department to approve devices, Public Safety Department to issue restricted driver's license, fee, provisions for indigent defendants, Sec. 32-5A-191.4 added; Sec. 32-5A-191 am'd.

Description

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 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 violation that a defendant have an ignition interlock device installed.

The 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 and the interlock device installer 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.

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Subjects

Motor Vehicles