SB258 Alabama 2021 Session

Summary

Primary Sponsor

Arthur Orr Senator

Republican

Session

Regular Session 2021

Title

Driver license, to provide additional circumstances in which an expert witness may give expert testimony, provide for add'l chemical tests that may be used to determine if a person was driving under the influence, to provide for who can draw blood, provide that a witness may provide testimony on the results of horizontal gaze nystagmus test, Secs. 12-21-160, 32-5-192, 32-5-200, 32-5A-194, 32-5A-300, 32-5A-301, 32-5A-302, 32-5A-303, 32-5A-304, 32-5A-306, 32-5A-307, 32-5A-308, 32-6-49.13 am'd.

Description

Under current law, an expert witness may testify in the form of an opinion or otherwise.

This bill would provide additional circumstances in which an expert witness may give expert testimony.

Under current law, any person who operates a motor vehicle on the public highways of this state is deemed to have given consent to a chemical test of his or her blood, breath, or urine to determine the alcoholic content of his or her blood.

This bill would also provide for additional chemical tests that may be used to determine whether a person was driving under the influence.

Under current law, only a physician, a registered nurse, or other qualifying person may withdraw blood for a chemical test of a person's blood.

This bill would provide additional persons who would be allowed to withdraw blood for a chemical test of a person's blood.

This bill would provide that a witness may give testimony solely on the issue of a driver's impairment based on the results of a horizontal gaze nystagmus test.

This bill would make nonsubstantive, technical revisions to update the existing code language to current style.

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

Drivers' Licenses