HB477 Alabama 2013 Session

Summary

Primary Sponsor

Allen Farley Representative

Republican

Session

Regular Session 2013

Title

Driving under the influence, ignition interlock devices, withdrawal of license suspension for conviction of authorized under certain conditions, license revocations commuted upon installation of ignition interlock device under certain conditions, courts required to notify Public Safety Department of certain convictions requiring interlock device, Alabama Interlock Indigent Fund created, Secs.32-5A-191, 32-5A-191.4, 32-5A-301, 32-5A-304 am'd.

Description

Under existing law, certain persons authorized to drive a motor vehicle who are convicted of driving under the influence are required to have installed an operating ignition interlock device for certain periods of time.

This bill would authorize the Department of Public Safety to withdraw the 90-day suspension of a person's driver's license for a first conviction of driving under the influence if the judge orders the offender or the offender elects to have an ignition interlock device installed and operating on the designated motor vehicle and is issued a restricted license.

This bill would allow driver's license revocation periods to be commuted for certain driving under the influence violations upon completion of a certain portion of the revocation and upon the installation of a certified ignition interlock device in a designated motor vehicle.

This bill would require the installation of a certified ignition interlock device for a person convicted of driving under the influence with at least .15 percent or more by weight of alcohol in his or her blood.

This bill would require courts to notify the Department of Public Safety of certain driving under the influence convictions requiring installation of an ignition interlock device and would require the department to issue restricted licenses indicating that a licensee is subject to the operation of a motor vehicle only with the approved ignition interlock device installed and properly operating.

This bill would specify that ignition interlock requirements do not apply to certain minors adjudicated in juvenile court unless specifically ordered by a court.

This bill would specify that a provider of ignition interlock devices who fails to satisfy certain specifications will have its device removed from the list of approved ignition interlock devices for a period of five years.

This bill would also create the Alabama Interlock Indigent Fund, to be administered by the Department of Public Safety.

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