SB391 Alabama 2017 Session

This bill would relate to persons charged with driving under the influence and the installation of ignition interlock devices on vehicles

This bill would: Require each person approved for a pretrial diversion program to be required to have an ignition interlock device installed for a certain period of time; provide that a portion of the court fee would be distributed to the municipal court if the case is a municipal court case when the person is ordered or agrees to have an ignition interlock device; delete the requirement for indigents to pay for the services; provide that a person convicted of a third offense would be authorized or required to obtain an ignition interlock device after the completion of his or her incarceration; would require manufacturers to provide ignition interlock services to indigent under certain conditions without charge; and would specify the number of violations for extension of ignition interlock requirements to be consistent with Department of Forensic Sciences rules

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, as amended by Act 2016-259, 2016 Regular Session, and Section 32-5A-191.4, Code of Alabama 1975, to further require for the use of ignition interlock devices including by persons approved for pretrial diversion; 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.