HB2 Alabama 2023 Session

Under existing law, a person who has been charged with driving under the influence and who participates in a pretrial diversion program or similar program is required to install an ignition interlock device on his or her vehicle for a minimum of six months or the duration of the program, whichever is greater. This provision will no longer be a requirement as of July 1, 2023

This bill would preserve the requirements currently in law, continuing the requirement that a person charged with driving under the influence and who participates in a pretrial diversion program or similar program be required to install an ignition interlock device on his or her vehicle for six months or the duration of the program, whichever is greater

Section 111.05 of the Constitution of Alabama of 2022, 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, effective July 1, 2023, to continue the requirement that a person charged with driving under the influence and who enters a pretrial diversion program or similar program be required to install an ignition interlock device on his or her vehicle for six months or the duration of the program, whichever is greater; 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 Section 111.05 of the Constitution of Alabama of 2022.