HB425 Alabama 2018 Session

This bill would relate to persons charged with driving under the influence and the installation of ignition interlock devices on vehicles

This bill would: Further provide for the time periods and conditions for a defendant, including defendants approved for a pretrial diversion program or released on bond, to be required to have an ignition interlock device installed and would provide for the repeal of this provision in five years; provide that certain enhancement provisions would not apply to ignition interlock requirements; provide that a portion of the court fee would be distributed to the municipal court if the case is a municipal court case when the person is ordered or agrees to have an ignition interlock device; delete the requirement for indigents to pay for the services; provide that a person convicted of a third offense would be authorized or required to obtain an ignition interlock device after the completion of his or her incarceration; would require manufacturers to provide ignition interlock services to the indigent under certain conditions without charge; specify the number of violations for extension of ignition interlock requirements to be consistent with Department of Forensic Sciences rules; specify that a judge may require the use of an ignition interlock device by a person released on bond and provide for the issuance of a restricted driver's license; and provide that the probation period of any convicted defendant would be extended to include all ignition interlock requirements

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

Relating to persons charged with driving under the influence; to amend Section 32-5A-191 and Section 32-5A-191.4, Code of Alabama 1975, to further require and provide for the use of ignition interlock devices including by persons approved for pretrial diversion or persons released on bond; to provide for the repeal of the ignition interlock request for pretrial diversion participants in five years; to provide for the distribution of court fees to municipal courts under certain conditions; to provide for ignition interlock services for the indigent under certain conditions; 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.