SB133 Alabama 2019 Session

Under existing law, there are circumstances where a defendant is required to install an ignition interlock device if convicted of driving under the influence

This bill would give the court the option to order a defendant to install an ignition interlock device or any other alcohol monitoring device approved by the court

Under existing law, when a defendant charged with driving under the influence enters any pre trial diversion or similar program, the defendant is required to install an ignition interlock device

This bill would provide that the defendant may be required by the court to install any other alcohol monitoring device in lieu of an ignition interlock device

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, Code of Alabama 1975, as last amended by Act 2018-517, Act 2018-518, and Act 2018-546, 2018 Regular Session; to amend Section 32-5A-191.4, Code of Alabama 1975, as last amended by Act 2018-517, 2018 Regular Session, to require and provide for the use of ignition interlock devices or any device approved for alcohol monitoring; 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.