SB91 Alabama 2011 Session

Under existing law, a person convicted of driving under the influence on the first conviction is punished by a jail sentence of up to one year or a fine between $600 and $2,100, and his or her driver's license is suspended for 90 days

This bill would also require the defendant to attend a session conducted by a victim's impact program concerning the impact on victims of the operation of a motor vehicle while under the influence of alcohol or drugs

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

To amend Section 32-5A-191 of the Code of Alabama 1975, relating to driving under the influence of alcohol or a controlled substance; to require a defendant convicted on a first offense to attend a session conducted by a victims impact program; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.