HB478 Alabama 2012 Session
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Bill Summary
Sponsors
Session
Regular Session 2012
Title
Driving under the influence, crime further defined, term "under the influence" defined, Sec. 32-5A-191 am'd (2012-20536)
Description
<p class="bill_description"> Under existing law, a person may be charged
with driving under the influence when there is a
percent of alcohol in the blood or the person is
under the influence of alcohol, or a person may be
charged under separate subdivisions of the law if
the person is under the influence of a controlled
substance, both alcohol and a controlled substance,
or any substance which renders the person incapable
of safe driving. Under the existing law, the term
"under the influence" is not defined</p><p class="bill_description"> This bill would define "under the influence"
for the purpose of the offense of driving under the
influence to mean not having the normal use of
mental and physical facilities by reason of the
introduction into the body of alcohol, a controlled
substance, a drug, or any other substance, or a
combination of two or more of those substances. The
bill would consolidate the charges of driving under
the influence to specify that a person may be
charged with driving under the influence if the
person is under the influence of any substance or
substances which render the person incapable of
safe driving</p><p class="bill_description">
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</p><p class="bill_description">
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</p><p class="bill_entitled_an_act"> To amend Section 32-5A-191 of the Code of Alabama
1975, as amended by Acts 2011-621 and 2011-613 of the 2011
Regular Session, relating to the offense of driving under the
influence; to further define the offense and to define the
term "under the influence" for the purpose of unsafe driving;
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.
</p>
Subjects
Motor Vehicles
Bill Actions
| Action Date | Chamber | Action |
|---|---|---|
| May 16, 2012 | Motion to Read Again a Third Time and Pass as Amended adopted Roll Call 1496 | |
| May 16, 2012 | Motion to Adopt adopted Roll Call 1495 | |
| May 16, 2012 | Bedford Amendment Offered | |
| May 16, 2012 | Fielding motion to reconsider third reading vote, adopted. | |
| May 16, 2012 | Motion to Read a Third Time and Pass adopted Roll Call 1473 | |
| May 16, 2012 | Fielding motion to Adopt adopted Roll Call 1472 | |
| May 16, 2012 | Fielding Amendment Offered | |
| May 16, 2012 | Pending third reading on day 26 Favorable from Judiciary | |
| May 3, 2012 | Read for the second time and placed on the calendar | |
| April 17, 2012 | Read for the first time and referred to the Senate committee on Judiciary | |
| April 12, 2012 | Engrossed | |
| April 12, 2012 | Motion to Read a Third Time and Pass adopted Roll Call 741 | |
| April 12, 2012 | Holmes motion to Adjourn lost Roll Call 740 | |
| April 12, 2012 | Motion to Adopt adopted Roll Call 739 | |
| April 12, 2012 | Judiciary first Substitute Offered | |
| April 12, 2012 | Third Reading Passed | |
| April 5, 2012 | Read for the second time and placed on the calendar with 1 substitute and | |
| March 6, 2012 | Read for the first time and referred to the House of Representatives committee on Judiciary |
Bill Text
Bill Votes
Bill Documents
| Type | Link |
|---|---|
| Bill Text | HB478 Alabama 2012 Session - Introduced |
| Bill Text | HB478 Alabama 2012 Session - Engrossed |