HB332 Alabama 2018 Session

Summary

Primary Sponsor

Tim Wadsworth Representative

Republican

Session

Regular Session 2018

Title

Motor vehicles, driving under the influence, provide a 10 year look back for prior convictions, administrative driver license suspensions, Sec. 32-5A-191 am'd.

Description

Under existing law, for purposes of enhanced criminal penalties, a court may only consider a defendant's driving under the influence convictions from the past five years.

This bill would require a court to consider a defendant's DUI convictions from the past 10 years.

This bill would require that a defendant must have been represented by counsel or waived counsel on any prior DUI for the conviction to be considered for enhanced criminal penalty purposes.

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

Driving Under the Influence