SB386 Alabama 2011 Session

Summary

Primary Sponsor

Arthur Orr Senator

Republican

Session

Regular Session 2011

Title

Motor vehicles, driving under the influence, minimum mandatory sentence, fourth or subsequent violation provided for, offenses considered when sentencing, Sec. 32-5A-191 am'd.

Description

Existing law provides penalties for driving while under the influence of alcohol or controlled substances.

This bill would further increase the minimum mandatory sentence for a fourth or subsequent violation of the law from 10 days to 90 days.

Existing law provides that a prior conviction within a five-year period for driving while under the influence from this state, a municipality within this state, or another state or territory or a municipality of another state or territory would be considered by a court when imposing a sentence.

This bill would remove the requirement that a prior conviction considered by a court when imposing a sentence would only be a prior conviction within a five-year period and would provide that any prior conviction for driving while impaired from this state, a municipality within this state, or another state or territory or a municipality of another state or territory, with or without the jurisdiction having adopted the law of Alabama, so long as the offense was in violation of the law in the respective jurisdiction, would be considered by a court for imposing a sentence.

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