SB1 Alabama 2018 Session

Summary

Primary Sponsor

Jim McClendon

Republican

Session

Regular Session 2018

Title

Driving under the influence, ignition interlock devices, further provided, distrib of court fees, use for pretrial diversion, indigents further provided for and funded, Sec. 32-5A-191, 32-5A-191.4 am'd.

Description

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

This bill would: Require each person approved for a pretrial diversion program to be required to have an ignition interlock device installed for a certain period of time; 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 indigent under certain conditions without charge; and would specify the number of violations for extension of ignition interlock requirements to be consistent with Department of Forensic Sciences rules.

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