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SB301 Alabama 2018 Session

Updated Apr 26, 2021
SB301 Alabama 2018 Session
Senate Bill
Expired
Current Status
Regular Session 2018
Session
1
Sponsor

Summary

Session
Regular Session 2018
Title
Driving under the influence, ignition interlock devices, further provided, blood alcohol content (BAC) for enhancement lowered, distrib of court fees, use for bond and pretrial diversion, indigent 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: 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.

Subjects
Crimes and Offenses

Bill Actions

S

Conference Committee on SB301 2018RS first Substitute Offered

H

Conference Committee Appointed

S

Bussman motion to Accede adopted Roll Call 1235 P&PO appoints P&PO appoints Senators McClendon, Bussman and Smitherman

S

Conference Committee Requested

H

England motion to Non Concur and Appoint Conference Committee adopted Roll Call 1083 House appoints Mooney, Farley and Morrow

H

Mooney motion to Concur In and Adopt offered

H

Conference Report Concurrence Requested

S

Bussman motion to Concur In and Adopt adopted Roll Call 1160

S

Conference Report

H

Mooney motion to Accede adopted Roll Call 941 House appoints Mooney, Farley and Morrow

H

Conference Committee Requested

S

Conference Committee Appointed

S

Bussman motion to Non Concur and Appoint Conference Committee adopted Roll Call 929 P&PO appoints McClendon, Bussman and Smitherman

S

Concurrence Requested

H

Motion to Read a Third Time and Pass adopted Roll Call 930

H

Motion to Adopt adopted Roll Call 929

H

Mooney 2nd Amendment Offered

H

Motion to Adopt adopted Roll Call 928

H

Mooney 1st Amendment Offered

H

Third Reading Passed

H

Read for the second time and placed on the calendar

H

Rereferred from Judiciary to PS&HS

S

Engrossed

H

Read for the first time and referred to the House of Representatives committee on Judiciary

S

Motion to Read a Third Time and Pass adopted Roll Call 642

S

Bussman motion to Adopt adopted Roll Call 641

S

Bussman second Amendment Offered

S

Bussman motion to Adopt adopted Roll Call 640

S

Bussman first Amendment Offered

S

Bussman motion to Adopt adopted Roll Call 639

S

Bussman Second Substitute Offered

S

Bussman motion to Table Substitute adopted Voice Vote

S

Bussman motion to Reconsider Substitute adopted Voice Vote

S

Third Reading Passed

S

Bussman motion to Carry Over to the Call of the Chair adopted Voice Vote

S

Bussman motion to Adopt adopted Roll Call 628

S

Bussman first Substitute Offered

S

Bussman motion to Table adopted Voice Vote

S

Judiciary Amendment Offered

S

Third Reading Carried Over to Call of the Chair

S

Read for the second time and placed on the calendar 1 amendment

S

Read for the first time and referred to the Senate committee on Judiciary

Bill Text

Votes

Motion to Adopt

March 20, 2018 House Passed
Yes 85
No 3
Abstained 6
Absent 8

Motion to Read a Third Time and Pass

March 20, 2018 House Passed
Yes 79
No 11
Abstained 5
Absent 7

Bussman motion to Non Concur and Appoint Conference Committee

March 21, 2018 Senate Passed
Yes 27
Absent 7

Mooney motion to Accede

March 21, 2018 House Passed
Yes 92
Abstained 2
Absent 8

Bussman motion to Concur In and Adopt

March 27, 2018 Senate Passed
Yes 29
Absent 5

England motion to Non Concur and Appoint Conference Committee

March 28, 2018 House Passed
Yes 67
No 22
Abstained 1
Absent 13

Documents

Source: Alabama Legislature