HB527 Alabama 2013 Session

Under existing law, a person convicted of driving a motor vehicle with at least 0.15 percent or more by weight of alcohol in his or her blood is required to be sentenced to at least double the minimum punishment and to have his or her driver's license suspended for a period of not less than one year

This bill would provide that a person convicted of driving a motor vehicle with at least 0.15 percent or more by weight of alcohol in his or her blood may be ordered to abstain from consuming alcoholic beverages and to wear a continuous alcohol monitoring device for a period of up to one year

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 driving under the influence; to amend Section 32-5A-191, Code of Alabama 1975, as amended by Act 2012-363 of the 2012 Regular Session, to provide additional penalties for persons convicted of driving under the influence with at least 0.15 percent or more by weight of alcohol in his or her blood; to define a term; to provide that the court may order the defendant to abstain from consuming alcohol and to wear a continuous alcohol monitoring device for up to one year; 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.