SB90 Alabama 2018 Session

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 misdemeanor DUI convictions from the past 10 years

This bill would require a court to consider all of a defendant's prior felony DUI convictions, regardless of the date

Under existing law, the penalty for receiving a fourth or subsequent conviction for DUI is a Class C felony

This bill would provide that if a person with a prior felony DUI conviction is subsequently convicted of DUI, the person would be guilty of a Class C felony

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

To amend Section 32-5A-191, Code of Alabama 1975, relating to driving under the influence; to provide for further consideration by a court of a defendant's prior misdemeanor driving under the influence convictions; to require a court to consider all of a defendant's prior felony driving under the influence convictions when that defendant is convicted of driving under the influence; 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.