SB90 Alabama 2018 Session

Updated Apr 26, 2021

Summary

Primary Sponsor: Arthur OrrSenator
Republican
Session: Regular Session 2018
Title: Driving under the influence, second offense, penalty further provided for based on defendant's DUI history, 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 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.
Subjects: Driving Under the Influence