Alabama 2022 Regular Session

Alabama House Bill HB56 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB56
2	2	2 215932-1
3	3	3 By Representative England
4	4	4 RFD: Judiciary
5	5	5 First Read: 11-JAN-22
6	6	6 PFD: 01/06/2022
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14	14	7
15	15	8 SYNOPSIS: Under the existing habitual felony offender
16	16	9 act, enhanced penalties are established for felony
17	17	10 criminal defendants who have been previously
18	18	11 convicted of one or more felony offenses.
19	19	12 This bill would repeal the Habitual Felony
20	20	13 Offender Act.
21	21	14 This bill would provide for resentencing for
22	22	15 defendants whose sentences were based on the
23	23	16 Habitual Felony Offender Act.
24	24	17 This bill would also make nonsubstantive,
25	25	18 technical revisions to update the existing code
26	26	19 language to current style.
27	27	20 Amendment 621 of the Constitution of Alabama
28	28	21 of 1901, as amended by Amendment 890, now appearing
29	29	22 as Section 111.05 of the Official Recompilation of
30	30	23 the Constitution of Alabama of 1901, prohibits a
31	31	24 general law whose purpose or effect would be to
32	32	25 require a new or increased expenditure of local
33	33	26 funds from becoming effective with regard to a
34	34	27 local governmental entity without enactment by a
35	35	Page 1 1 2/3 vote unless: it comes within one of a number of
36	36	2 specified exceptions; it is approved by the
37	37	3 affected entity; or the Legislature appropriates
38	38	4 funds, or provides a local source of revenue, to
39	39	5 the entity for the purpose.
40	40	6 The purpose or effect of this bill would be
41	41	7 to require a new or increased expenditure of local
42	42	8 funds within the meaning of the amendment. However,
43	43	9 the bill does not require approval of a local
44	44	10 governmental entity or enactment by a 2/3 vote to
45	45	11 become effective because it comes within one of the
46	46	12 specified exceptions contained in the amendment.
47	47	13
48	48	14 A BILL
49	49	15 TO BE ENTITLED
50	50	16 AN ACT
51	51	17
52	52	18 Relating sentencing; to amend Sections 13A-5-6,
53	53	19 13A-5-13, 13A-11-241, 13A-12-231, 13A-12-233, 14-9-44,
54	54	20 32-5A-154, and 32-5A-191, Code of Alabama 1975; to revise
55	55	21 sentencing standards in certain circumstances; to repeal
56	56	22 Sections 13A-5-9 and 13A-5-10, Code of Alabama 1975, relating
57	57	23 to the Habitual Felony Offender Act; to add Section 13A-5-14
58	58	24 to the Code of Alabama 1975, to provide for resentencing for
59	59	25 defendants whose sentences were based on the Habitual Felony
60	60	26 Offender Act; to make nonsubstantive, technical revisions to
61	61	27 update the existing code language to current style; and in
62	62	Page 2 1 connection therewith would have as its purpose or effect the
63	63	2 requirement of a new or increased expenditure of local funds
64	64	3 within the meaning of Amendment 621 of the Constitution of
65	65	4 Alabama of 1901, as amended by Amendment 890, now appearing as
66	66	5 Section 111.05 of the Official Recompilation of the
67	67	6 Constitution of Alabama of 1901.
68	68	7 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
69	69	8 Section 1. Sections 13A-5-6, 13A-5-13, 13A-11-241,
70	70	9 13A-12-231, 13A-12-233, 14-9-44, and 32-5A-154, Code of
71	71	10 Alabama 1975, are amended to read as follows:
72	72	11 "§13A-5-6.
73	73	12 "(a) Sentences for felonies shall be for a definite
74	74	13 term of imprisonment, which imprisonment includes hard labor,
75	75	14 within the following limitations:
76	76	15 "(1) For a Class A felony, for life or not more than
77	77	16 99 years or less than 10 years.
78	78	17 "(2) For a Class B felony, not more than 20 years or
79	79	18 less than 2 years.
80	80	19 "(3) For a Class C felony, not more than 10 years or
81	81	20 less than 1 year and 1 day and must be in accordance with
82	82	21 subsection (b) of Section 15-18-8 unless sentencing is
83	83	22 pursuant to Section 13A-5-9 or the offense is a sex offense
84	84	23 pursuant to Section 15-20A-5.
85	85	24 "(4) For a Class D felony, not more than 5 years or
86	86	25 less than 1 year and 1 day and must be in accordance with
87	87	26 subsection (b) of Section 15-18-8.
88	88	Page 3 1 "(5) For a Class A felony in which a firearm or
89	89	2 deadly weapon was used or attempted to be used in the
90	90	3 commission of the felony, or a Class A felony sex offense
91	91	4 involving a child as defined in Section 15-20A-4, not less
92	92	5 than 20 years.
93	93	6 "(6) For a Class B or C felony in which a firearm or
94	94	7 deadly weapon was used or attempted to be used in the
95	95	8 commission of the felony, or a Class B felony sex offense
96	96	9 involving a child as defined in Section 15-20A-4, not less
97	97	10 than 10 years.
98	98	11 "(b) The actual time of release within the
99	99	12 limitations established by subsection (a) shall be determined
100	100	13 under procedures established elsewhere by law.
101	101	14 "(c) In addition to any other penalties heretofore
102	102	15 or hereafter provided by law, in all cases where an offender
103	103	16 is designated as a sexually violent predator pursuant to
104	104	17 Section 15-20A-19, or where an offender is convicted of a
105	105	18 Class A felony sex offense involving a child as defined in
106	106	19 Section 15-20A-4, and is sentenced to a county jail or the
107	107	20 Alabama Department of Corrections, the sentencing judge shall
108	108	21 impose an additional penalty of not less than 10 years of
109	109	22 post-release supervision to be served upon the defendant's
110	110	23 release from incarceration.
111	111	24 "(d) In addition to any other penalties heretofore
112	112	25 or hereafter provided by law, in all cases where an offender
113	113	26 is convicted of a sex offense pursuant to Section 13A-6-61,
114	114	27 13A-6-63, or 13A-6-65.1, when the defendant was 21 years of
115	115	Page 4 1 age or older and the victim was six years of age or less at
116	116	2 the time the offense was committed, the defendant shall be
117	117	3 sentenced to life imprisonment without the possibility of
118	118	4 parole.
119	119	5 "§13A-5-13.
120	120	6 "(a) The Legislature finds and declares the
121	121	7 following:
122	122	8 "(1) It is the right of every person, regardless of
123	123	9 race, color, religion, national origin, ethnicity, or physical
124	124	10 or mental disability, to be secure and protected from threats
125	125	11 of reasonable fear, intimidation, harassment, and physical
126	126	12 harm caused by activities of groups and individuals.
127	127	13 "(2) It is not the intent, by enactment of this
128	128	14 section, to interfere with the exercise of rights protected by
129	129	15 the Constitution of the State of Alabama or the United States.
130	130	16 "(3) The intentional advocacy of unlawful acts by
131	131	17 groups or individuals against other persons or groups and
132	132	18 bodily injury or death to persons is not constitutionally
133	133	19 protected when violence or civil disorder is imminent, and
134	134	20 poses a threat to public order and safety, and such the
135	135	21 conduct should be subjected to criminal sanctions.
136	136	22 "(b) The purpose of this section is to impose
137	137	23 additional penalties where it is shown that a perpetrator
138	138	24 committing the underlying offense was motivated by the
139	139	25 victim's actual or perceived race, color, religion, national
140	140	26 origin, ethnicity, or physical or mental disability.
141	141	Page 5 1 "(c) A person who has been found guilty of a crime,
142	142	2 the commission of which was shown beyond a reasonable doubt to
143	143	3 have been motivated by the victim's actual or perceived race,
144	144	4 color, religion, national origin, ethnicity, or physical or
145	145	5 mental disability, shall be punished as follows:
146	146	6 "(1) Felonies:
147	147	7 "(1) For a. On conviction of a Class A felony that
148	148	8 was found to have been motivated by the victim's actual or
149	149	9 perceived race, color, religion, national origin, ethnicity,
150	150	10 or physical or mental disability, the sentence shall not be
151	151	11 less than 15 years.
152	152	12 "(2) For b. On conviction of a Class B felony that
153	153	13 was found to have been motivated by the victim's actual or
154	154	14 perceived race, color, religion, national origin, ethnicity,
155	155	15 or physical or mental disability, the sentence shall not be
156	156	16 less than 10 years.
157	157	17 "(3) For c. On conviction of a Class C felony that
158	158	18 was found to have been motivated by the victim's actual or
159	159	19 perceived race, color, religion, national origin, ethnicity,
160	160	20 or physical or mental disability, the sentence shall not be
161	161	21 less than two years.
162	162	22 "(4) For d. On conviction of a Class D felony that
163	163	23 was found to have been motivated by the victim's actual or
164	164	24 perceived race, color, religion, national origin, ethnicity,
165	165	25 or physical or mental disability, the sentence shall not be
166	166	26 less than 18 months.
167	167	Page 6 1 "e. For purposes of this subdivision, a criminal
168	168	2 defendant who has been previously convicted of any felony and
169	169	3 receives an enhanced sentence pursuant to this section is also
170	170	4 subject to enhanced punishment under the Alabama Habitual
171	171	5 Felony Offender Act, Section 13A-5-9.
172	172	6 "(2) Misdemeanors:
173	173	7 "(5) For On conviction of a misdemeanor which was
174	174	8 found beyond a reasonable doubt to have been motivated by the
175	175	9 victim's actual or perceived race, color, religion, national
176	176	10 origin, ethnicity, or physical or mental disability, the
177	177	11 defendant shall be sentenced for a Class A misdemeanor, except
178	178	12 that the defendant shall be sentenced to a minimum of three
179	179	13 months.
180	180	14 "§13A-11-241.
181	181	15 "(a) A person commits the crime of cruelty to a dog
182	182	16 or cat in the first degree if he or she intentionally tortures
183	183	17 any dog or cat or skins a domestic dog or cat or offers for
184	184	18 sale or exchange or offers to buy or exchange the fur, hide,
185	185	19 or pelt of a domestic dog or cat. Cruelty to a dog or cat in
186	186	20 the first degree is a Class C felony. A conviction for a
187	187	21 felony pursuant to this section shall not be considered a
188	188	22 felony for purposes of the Habitual Felony Offender Act,
189	189	23 Sections 13A-5-9 to 13A-5-10.1, inclusive.
190	190	24 "(b) A person commits the crime of cruelty to a dog
191	191	25 or cat in the second degree if he or she, in a cruel manner,
192	192	26 overloads, overdrives, deprives of necessary sustenance or
193	193	27 shelter, unnecessarily or cruelly beats, injuries injures,
194	194	Page 7 1 mutilates, or causes the same to be done. Cruelty to a dog or
195	195	2 cat in the second degree is a Class A misdemeanor.
196	196	3 "§13A-12-231.
197	197	4 "Except as authorized in Chapter 2, of Title 20:
198	198	5 "(1) Any person who knowingly sells, manufactures,
199	199	6 delivers, or brings into this state, or who is knowingly in
200	200	7 actual or constructive possession of, in excess of one kilo or
201	201	8 2.2 pounds of any part of the plant of the genus Cannabis,
202	202	9 whether growing or not, the seeds thereof, the resin extracted
203	203	10 from any part of the plant, and every compound, manufacture,
204	204	11 salt, derivative, mixture, or preparation of the plant, its
205	205	12 seeds, or resin including the completely defoliated mature
206	206	13 stalks of the plant, fiber produced from the stalks, oil, or
207	207	14 cake, or the completely sterilized samples of seeds of the
208	208	15 plant which are incapable of germination is guilty of a
209	209	16 felony, which felony shall be known as "trafficking in
210	210	17 cannabis." Nothing in this subdivision shall apply to samples
211	211	18 of tetrahydrocannabinols including, but not limited to, all
212	212	19 synthetic or naturally produced samples of
213	213	20 tetrahydrocannabinols which contain more than 15 percent by
214	214	21 weight of tetrahydrocannabinols and which do not contain plant
215	215	22 material exhibiting the external morphological features of the
216	216	23 plant cannabis. If the quantity of cannabis involved:
217	217	24 "a. Is in excess of one kilo or 2.2 pounds, but less
218	218	25 than 100 pounds, the person shall be sentenced to a mandatory
219	219	26 minimum term of imprisonment of three calendar years and to
220	220	27 pay a fine of twenty-five thousand dollars ($25,000).
221	221	Page 8 1 "b. Is 100 pounds or more, but less than 500 pounds,
222	222	2 the person shall be sentenced to a mandatory minimum term of
223	223	3 imprisonment of five calendar years and to pay a fine of fifty
224	224	4 thousand dollars ($50,000).
225	225	5 "c. Is 500 pounds or more, but less than 1,000
226	226	6 pounds, the person shall be sentenced to a mandatory minimum
227	227	7 term of imprisonment of 15 calendar years and to pay a fine of
228	228	8 two hundred thousand dollars ($200,000).
229	229	9 "d. Is 1,000 pounds or more, the person shall be
230	230	10 sentenced to a mandatory term of imprisonment of life.
231	231	11 "(2) Any person who knowingly sells, manufactures,
232	232	12 delivers, or brings into this state, or who is knowingly in
233	233	13 actual or constructive possession of, 28 grams or more of
234	234	14 cocaine or of any mixture containing cocaine, described in
235	235	15 Section 20-2-25(1), is guilty of a felony, which felony shall
236	236	16 be known as "trafficking in cocaine." If the quantity
237	237	17 involved:
238	238	18 "a. Is 28 grams or more, but less than 500 grams,
239	239	19 the person shall be sentenced to a mandatory minimum term of
240	240	20 imprisonment of three calendar years and to pay a fine of
241	241	21 fifty thousand dollars ($50,000).
242	242	22 "b. Is 500 grams or more, but less than one kilo,
243	243	23 the person shall be sentenced to a mandatory minimum term of
244	244	24 imprisonment of five calendar years and to pay a fine of one
245	245	25 hundred thousand dollars ($100,000).
246	246	26 "c. Is one kilo, but less than 10 kilos, then the
247	247	27 person shall be sentenced to a mandatory minimum term of
248	248	Page 9 1 imprisonment of 15 calendar years and to pay a fine of two
249	249	2 hundred fifty thousand dollars ($250,000).
250	250	3 "d. Is 10 kilos or more, the person shall be
251	251	4 sentenced to a mandatory term of imprisonment of life.
252	252	5 "(3) Any person, except as otherwise authorized by
253	253	6 law, who knowingly sells, manufactures, delivers, or brings
254	254	7 into this state, or who is knowingly in actual or constructive
255	255	8 possession of, four grams or more of any morphine, opium, or
256	256	9 any salt, isomer, or salt of an isomer thereof, including
257	257	10 heroin, as described in Section 20-2-23(b)(2) or Section
258	258	11 20-2-25(1)a., or four grams or more of any mixture containing
259	259	12 any such substance, or any mixture containing Fentanyl or any
260	260	13 synthetic controlled substance Fentanyl analogue, as described
261	261	14 in Sections 20-2-23 and 20-2-25, is guilty of a felony, which
262	262	15 felony shall be known as "trafficking in illegal drugs." If
263	263	16 the quantity involved:
264	264	17 "a. Is four grams or more, but less than 14 grams,
265	265	18 the person shall be sentenced to a mandatory minimum term of
266	266	19 imprisonment of three calendar years and to pay a fine of
267	267	20 fifty thousand dollars ($50,000).
268	268	21 "b. Is 14 grams or more, but less than 28 grams, the
269	269	22 person shall be sentenced to a mandatory minimum term of
270	270	23 imprisonment of 10 calendar years and to pay a fine of one
271	271	24 hundred thousand dollars ($100,000).
272	272	25 "c. Is 28 grams or more, but less than 56 grams, the
273	273	26 person shall be sentenced to a mandatory minimum term of
274	274	Page 10 1 imprisonment of 25 calendar years and to pay a fine of five
275	275	2 hundred thousand dollars ($500,000).
276	276	3 "d. Is 56 grams or more, the person shall be
277	277	4 sentenced to a mandatory term of imprisonment of life.
278	278	5 "(4) Any person who knowingly sells, manufactures,
279	279	6 delivers, or brings into this state, or who is knowingly in
280	280	7 actual or constructive possession of 1,000 or more pills or
281	281	8 capsules of methaqualone, as described in Section 20-2-1, et
282	282	9 seq., is guilty of a felony, which felony shall be known as
283	283	10 "trafficking in illegal drugs." If the quantity involved:
284	284	11 "a. Is 1,000 pills or capsules, but less than 5,000
285	285	12 pills or capsules, the person shall be sentenced to a
286	286	13 mandatory minimum term of imprisonment of three calendar years
287	287	14 and pay a fine of fifty thousand dollars ($50,000).
288	288	15 "b. Is 5,000 capsules or more, but less than 25,000
289	289	16 capsules, that person shall be imprisoned to a mandatory
290	290	17 minimum term of imprisonment of 10 calendar years and pay a
291	291	18 fine of one hundred thousand dollars ($100,000).
292	292	19 "c. Is 25,000 pills or more, but less than 100,000
293	293	20 pills or capsules, the person shall be sentenced to a
294	294	21 mandatory minimum term of imprisonment of 25 calendar years
295	295	22 and pay a fine of five hundred thousand dollars ($500,000).
296	296	23 "d. Is 100,000 capsules or more, the person shall be
297	297	24 sentenced to a mandatory term of imprisonment of life.
298	298	25 "(5) Any person who knowingly sells, manufactures,
299	299	26 delivers, or brings into this state, or who is knowingly in
300	300	27 actual or constructive possession of 500 or more pills or
301	301	Page 11 1 capsules of hydromorphone as is described in Section 20-2-1,
302	302	2 et seq., is guilty of a felony which shall be known as
303	303	3 "trafficking in illegal drugs." If the quantity involved:
304	304	4 "a. Is 500 pills or capsules or more but less than
305	305	5 1,000 pills or capsules, the person shall be sentenced to a
306	306	6 mandatory term of imprisonment of three calendar years and to
307	307	7 pay a fine of fifty thousand dollars ($50,000).
308	308	8 "b. Is 1,000 pills or capsules or more, but less
309	309	9 than 4,000 pills or capsules, the person shall be sentenced to
310	310	10 a mandatory term of imprisonment of 10 calendar years and to
311	311	11 pay a fine of one hundred thousand dollars ($100,000).
312	312	12 "c. Is 4,000 pills or capsules or more but less than
313	313	13 10,000 pills or capsules, the person shall be sentenced to a
314	314	14 mandatory term of imprisonment of 25 calendar years and to pay
315	315	15 a fine of one hundred thousand dollars ($100,000).
316	316	16 "d. Is more than 10,000 pills or capsules, the
317	317	17 person shall be sentenced to a mandatory term of life.
318	318	18 "(6) Any person who knowingly sells, manufactures,
319	319	19 delivers, or brings into this state, or who is knowingly in
320	320	20 actual or constructive possession of, 28 grams or more of
321	321	21 3,4-methylenedioxy amphetamine, or of any mixture containing
322	322	22 3,4-methylenedioxy amphetamine, is guilty of a felony, which
323	323	23 felony shall be known as "trafficking in illegal drugs." If
324	324	24 the quantity involved:
325	325	25 "a. Is 28 grams or more, but less than 500 grams,
326	326	26 the person shall be sentenced to a mandatory minimum term of
327	327	Page 12 1 imprisonment of three calendar years and to pay a fine of
328	328	2 fifty thousand dollars ($50,000).
329	329	3 "b. Is 500 grams or more, but less than one kilo,
330	330	4 the person shall be sentenced to a mandatory minimum term of
331	331	5 imprisonment of five calendar years and to pay a fine of one
332	332	6 hundred thousand dollars ($100,000).
333	333	7 "c. Is one kilo, but less than 10 kilos, then the
334	334	8 person shall be sentenced to a mandatory minimum term of
335	335	9 imprisonment of 15 calendar years and to pay a fine of two
336	336	10 hundred fifty thousand dollars ($250,000).
337	337	11 "d. Is 10 kilos or more, the person shall be
338	338	12 sentenced to a mandatory term of imprisonment of life.
339	339	13 "(7) Any person who knowingly sells, manufactures,
340	340	14 delivers, or brings into this state, or who is knowingly in
341	341	15 actual or constructive possession of, 28 grams or more of
342	342	16 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture
343	343	17 containing 5-methoxy-3, 4-methylenedioxy amphetamine is guilty
344	344	18 of a felony, which felony shall be known as "trafficking in
345	345	19 illegal drugs" if the quantity involved:
346	346	20 "a. Is 28 grams or more, but less than 500 grams,
347	347	21 the person shall be sentenced to a mandatory minimum term of
348	348	22 imprisonment of three calendar years and to pay a fine of
349	349	23 fifty thousand dollars ($50,000).
350	350	24 "b. Is 500 grams or more, but less than one kilo,
351	351	25 the person shall be sentenced to a mandatory minimum term of
352	352	26 imprisonment of five calendar years and to pay a fine of one
353	353	27 hundred thousand dollars ($100,000).
354	354	Page 13 1 "c. Is one kilo, but less than 10 kilos, then the
355	355	2 person shall be sentenced to a mandatory minimum term of
356	356	3 imprisonment of 15 calendar years and to pay a fine of two
357	357	4 hundred fifty thousand dollars ($250,000).
358	358	5 "d. Is 10 kilos or more, the person shall be
359	359	6 sentenced to a mandatory term of imprisonment of life.
360	360	7 "(8) Any person who knowingly sells, manufactures,
361	361	8 delivers, or brings into this state, or who is knowingly in
362	362	9 actual or constructive possession of, four grams or more of
363	363	10 phencyclidine, or any mixture containing phencyclidine, is
364	364	11 guilty of a felony, which felony shall be known as
365	365	12 "trafficking in illegal drugs." If the quantity involved:
366	366	13 "a. Is four grams or more, but less than 14 grams,
367	367	14 the person shall be sentenced to a mandatory minimum term of
368	368	15 imprisonment of three calendar years and to pay a fine of
369	369	16 fifty thousand dollars ($50,000).
370	370	17 "b. Is 14 grams or more, but less than 28 grams, the
371	371	18 person shall be sentenced to a mandatory minimum term of
372	372	19 imprisonment of five calendar years and to pay a fine of one
373	373	20 hundred thousand dollars ($100,000).
374	374	21 "c. Is 28 grams or more, but less than 56 grams,
375	375	22 then the person shall be sentenced to a mandatory minimum term
376	376	23 of imprisonment of 15 calendar years and to pay a fine of two
377	377	24 hundred fifty thousand dollars ($250,000).
378	378	25 "d. Is 56 grams or more, the person shall be
379	379	26 sentenced to a mandatory term of imprisonment of life.
380	380	Page 14 1 "(9) Any person who knowingly sells, manufactures,
381	381	2 delivers, or brings into this state, or who is knowingly in
382	382	3 actual or constructive possession of, four grams or more of
383	383	4 lysergic acid diethylamide, of four grams or more of any
384	384	5 mixture containing lysergic acid diethylamide, is guilty of a
385	385	6 felony, which felony shall be known as "trafficking in illegal
386	386	7 drugs." If the quantity involved:
387	387	8 "a. Is four grams or more, but less than 14 grams,
388	388	9 the person shall be sentenced to a mandatory minimum term of
389	389	10 imprisonment of three calendar years and to pay a fine of
390	390	11 fifty thousand dollars ($50,000).
391	391	12 "b. Is 14 grams or more, but less than 28 grams, the
392	392	13 person shall be sentenced to a mandatory minimum term of
393	393	14 imprisonment of 10 calendar years and to pay a fine of one
394	394	15 hundred thousand dollars ($100,000).
395	395	16 "c. Is 28 grams or more, but less than 56 grams, the
396	396	17 person shall be sentenced to a mandatory minimum term of
397	397	18 imprisonment of 25 calendar years and to pay a fine of five
398	398	19 hundred thousand dollars ($500,000).
399	399	20 "d. Is 56 grams or more, the person shall be
400	400	21 sentenced to a mandatory term of imprisonment of life.
401	401	22 "(10) Any person who knowingly sells, manufactures,
402	402	23 delivers, or brings into this state, or who is knowingly in
403	403	24 actual or constructive possession of, 28 grams or more of
404	404	25 amphetamine or any mixture containing amphetamine, its salt,
405	405	26 optical isomer, or salt of its optical isomer thereof, is
406	406	Page 15 1 guilty of a felony, which felony shall be known as
407	407	2 "trafficking in amphetamine." If the quantity involved:
408	408	3 "a. Is 28 grams or more but less than 500 grams, the
409	409	4 person shall be sentenced to a mandatory minimum term of
410	410	5 imprisonment of three calendar years and to pay a fine of
411	411	6 fifty thousand dollars ($50,000).
412	412	7 "b. Is 500 grams or more, but less than one kilo,
413	413	8 the person shall be sentenced to a mandatory minimum term of
414	414	9 imprisonment of five calendar years and to pay a fine of one
415	415	10 hundred thousand dollars ($100,000).
416	416	11 "c. Is one kilo but less than 10 kilos, then the
417	417	12 person shall be sentenced to a mandatory minimum term of
418	418	13 imprisonment of 15 calendar years and to pay a fine of two
419	419	14 hundred fifty thousand dollars ($250,000).
420	420	15 "d. Is 10 kilos or more, the person shall be
421	421	16 sentenced to a mandatory term of imprisonment of life.
422	422	17 "(11) Any person who knowingly sells, manufactures,
423	423	18 delivers, or brings into this state, or who is knowingly in
424	424	19 actual or constructive possession of, 28 grams or more of
425	425	20 methamphetamine or any mixture containing methamphetamine, its
426	426	21 salts, optical isomers, or salt of its optical isomers
427	427	22 thereof, is guilty of a felony, which felony shall be known as
428	428	23 "trafficking in methamphetamine." If the quantity involved:
429	429	24 "a. Is 28 grams or more but less than 500 grams, the
430	430	25 person shall be sentenced to a mandatory minimum term of
431	431	26 imprisonment of three calendar years and to pay a fine of
432	432	27 fifty thousand dollars ($50,000).
433	433	Page 16 1 "b. Is 500 grams or more, but less than one kilo,
434	434	2 the person shall be sentenced to a mandatory minimum term of
435	435	3 imprisonment of five calendar years and to pay a fine of one
436	436	4 hundred thousand dollars ($100,000).
437	437	5 "c. Is one kilo but less than 10 kilos, then the
438	438	6 person shall be sentenced to a mandatory minimum term of
439	439	7 imprisonment of 15 calendar years and to pay a fine of two
440	440	8 hundred fifty thousand dollars ($250,000).
441	441	9 "d. Is 10 kilos or more, the person shall be
442	442	10 sentenced to a mandatory term of imprisonment of life.
443	443	11 "(12) Any person who knowingly sells, manufactures,
444	444	12 delivers, or brings into this state, or who is knowingly in
445	445	13 actual or constructive possession of 56 or more grams of a
446	446	14 synthetic controlled substance or a synthetic controlled
447	447	15 substance analogue, as described in subdivision (4) or (5) of
448	448	16 subsection (a) of Section 20-2-23, except for any synthetic
449	449	17 controlled substance Fentanyl analogue referenced in
450	450	18 subdivision (13), is guilty of a felony, which felony shall be
451	451	19 known as "trafficking in synthetic controlled substances." If
452	452	20 the quantity involved:
453	453	21 "a. Is 56 grams or more, but less than 500 grams,
454	454	22 the person shall be sentenced to a mandatory minimum term of
455	455	23 imprisonment of three calendar years and to pay a fine of
456	456	24 fifty thousand dollars ($50,000).
457	457	25 "b. Is 500 grams or more, but less than 1 kilo, the
458	458	26 person shall be sentenced to a mandatory minimum term of
459	459	Page 17 1 imprisonment of 10 calendar years and to pay a fine of one
460	460	2 hundred thousand dollars ($100,000).
461	461	3 "c. Is one kilo, but less than 10 kilos, then the
462	462	4 person shall be sentenced to a mandatory minimum term of
463	463	5 imprisonment of 15 calendar years and to pay a fine of two
464	464	6 hundred fifty thousand dollars ($250,000).
465	465	7 "d. Is 10 kilos or more, the person shall be
466	466	8 sentenced to a mandatory term of imprisonment of life.
467	467	9 "(13) Any person, unless otherwise authorized by
468	468	10 law, who knowingly sells, manufactures, delivers, or brings
469	469	11 into this state, or who is knowingly in actual or constructive
470	470	12 possession of, one gram or more of Fentanyl or any synthetic
471	471	13 controlled substance Fentanyl analogue, as a single component
472	472	14 as described in Sections 20-2-23 and 20-2-25, is guilty of a
473	473	15 felony, which felony shall be known as "trafficking in illegal
474	474	16 drugs." If the quantity involved:
475	475	17 "a. Is one gram or more, but less than two grams,
476	476	18 the person shall be ordered to pay a minimum fine of fifty
477	477	19 thousand dollars ($50,000).
478	478	20 "b. Is two grams or more, but less than four grams,
479	479	21 the person shall be ordered to pay a minimum fine of one
480	480	22 hundred thousand dollars ($100,000).
481	481	23 "c. Is four grams or more, but less than eight
482	482	24 grams, the person shall be ordered to pay a minimum fine of
483	483	25 five hundred thousand dollars ($500,000).
484	484	Page 18 1 "d. Is eight grams or more, the person shall be
485	485	2 ordered to pay a minimum fine of seven hundred fifty thousand
486	486	3 dollars ($750,000).
487	487	4 "(14) In lieu of the weight ranges listed in
488	488	5 subdivision (12), a person may instead be charged with
489	489	6 trafficking any substance listed in subdivisions (3) and (12)
490	490	7 if that person possesses 50 or more individual packages of
491	491	8 that substance. The person shall only be sentenced according
492	492	9 to the sentence range provision listed in paragraph a. of each
493	493	10 subdivision for the specific substance contained in the 50 or
494	494	11 more individual packages if charged pursuant to this
495	495	12 subdivision, subdivision (15), or subdivision (16), if
496	496	13 applicable. In order to charge a person pursuant to this
497	497	14 subdivision, the same substance must be contained in each of
498	498	15 the 50 or more individual packages.
499	499	16 "(15) The felonies of "trafficking in cannabis,"
500	500	17 "trafficking in cocaine," "trafficking in illegal drugs,"
501	501	18 "trafficking in amphetamine," "trafficking in
502	502	19 methamphetamine," and "trafficking in synthetic controlled
503	503	20 substances" as defined in subdivisions (1) through (14),
504	504	21 above, shall be treated as Class A felonies for purposes of
505	505	22 this title, including sentencing under Section 13A-5-9.
506	506	23 Provided, however, that the sentence of imprisonment for a
507	507	24 defendant with one or more prior felony convictions who
508	508	25 violates subdivisions (1) through (14) of this section shall
509	509	26 be the sentence provided therein, or the sentence provided
510	510	27 under Section 13A-5-9, whichever is greater. Provided further,
511	511	Page 19 1 that the fine for a defendant with one or more prior felony
512	512	2 convictions who violates subdivisions (1) through (14) of this
513	513	3 section shall be the fine provided therein, or the fine
514	514	4 provided under Section 13A-5-9, whichever is greater.
515	515	5 "(16) Notwithstanding any provision of law to the
516	516	6 contrary, any person who has possession of a firearm during
517	517	7 the commission of any act proscribed by this section shall be
518	518	8 punished by a term of imprisonment of five calendar years
519	519	9 which shall be in addition to, and not in lieu of, the
520	520	10 punishment otherwise provided, and a fine of twenty-five
521	521	11 thousand dollars ($25,000); the. The court shall not suspend
522	522	12 the five-year additional sentence of the person or give the
523	523	13 person a probationary sentence.
524	524	14 "§13A-12-233.
525	525	15 "(a) This section shall be known as the "Alabama
526	526	16 Drug Trafficking Enterprise Act." For purposes of this
527	527	17 section, a person is engaged in a criminal enterprise for the
528	528	18 purpose of trafficking in illegal drugs if that person
529	529	19 violates any provision of Section 13A-12-231, and such
530	530	20 violation is both of the following occur:
531	531	21 "(1) Undertaken by such The violation is undertaken
532	532	22 by the person in concert with five or more other persons with
533	533	23 respect to whom such, and the person occupies a position of is
534	534	24 an organizer, in a supervisory position, or any other position
535	535	25 of management, and.
536	536	26 "(2) From which such The person obtains substantial
537	537	27 income or resources from the criminal enterprises.
538	538	Page 20 1 "(b) For purposes of this section, "substantial
539	539	2 income" means any amount exceeding the established minimum
540	540	3 wage, as established by law.
541	541	4 "(c) Any person who engages in a criminal enterprise
542	542	5 for the purpose of trafficking in illegal drugs shall be
543	543	6 punished as follows:
544	544	7 "(1) Upon the first conviction of violation of this
545	545	8 section, he or she shall be sentenced to a mandatory minimum
546	546	9 term of imprisonment of 25 calendar years or for any mandatory
547	547	10 term of calendar years up to and including life without parole
548	548	11 and to a fine of not less than fifty thousand dollars
549	549	12 ($50,000.00) nor more than five hundred thousand dollars
550	550	13 ($500,000.00).
551	551	14 "(2) Upon the second conviction of violation of this
552	552	15 section, he must or she shall be sentenced to a mandatory term
553	553	16 of imprisonment for life without parole and to a fine of not
554	554	17 less than one hundred fifty thousand dollars($150,000.00) nor
555	555	18 more than one million dollars ($1,000,000.00).
556	556	19 "(3) In no event shall the term of imprisonment or
557	557	20 the amount of fine imposed under this section be less than the
558	558	21 corresponding term of imprisonment or fine authorized in
559	559	22 Section 13A-12-231, for the underlying violation of that
560	560	23 section, including application of the Habitual Felony Offender
561	561	24 Act, as determined by the type and amount of the particular
562	562	25 illegal drug involved.
563	563	26 "(d) The courts of Alabama shall have jurisdiction
564	564	27 to may enter such restraining orders or prohibitions, or to
565	565	Page 21 1 may take such any other actions, including the acceptance of
566	566	2 satisfactory performance bonds, in connection with any
567	567	3 property or other interest subject to forfeiture under Section
568	568	4 20-2-93 as they shall deem proper.
569	569	5 "§14-9-44.
570	570	6 "(a) Nothing herein in this article shall be
571	571	7 interpreted to give any retroactive effect to this article.
572	572	8 "(b) Nothing contained in this article shall in any
573	573	9 way be construed to repeal or affect the provisions of Section
574	574	10 13A-5-9, or any other statute heretofore or hereinafter
575	575	11 enacted in this state dealing with habitual felony offenders
576	576	12 or the sentencing of such offenders.
577	577	13 "§32-5A-154.
578	578	14 "(a) The driver of a vehicle upon meeting or
579	579	15 overtaking from either direction any school bus which has
580	580	16 stopped for the purpose of receiving or discharging any school
581	581	17 children on a highway, on a roadway, on school property, or
582	582	18 upon a private road or any church bus which has stopped for
583	583	19 the purpose of receiving or discharging passengers shall bring
584	584	20 the vehicle to a complete stop before reaching the school or
585	585	21 church bus when there is in operation on the school or church
586	586	22 bus a visual signal as specified in Section 32-5A-155. The
587	587	23 driver shall not proceed until the school or church bus
588	588	24 resumes motion or is signaled by the school or church bus
589	589	25 driver to proceed or the visual signals are no longer
590	590	26 actuated.
591	591	Page 22 1 "(b) Every bus used for the transportation of school
592	592	2 children shall bear upon the front and rear thereof of the bus
593	593	3 plainly visible signs containing the words "school bus" in
594	594	4 letters not less than eight inches in height, and in addition
595	595	5 shall be equipped with visual signals meeting the requirements
596	596	6 of Section 32-5A-155, which shall be actuated by the driver of
597	597	7 the school bus only when the vehicle is stopped for the
598	598	8 purpose of receiving or discharging school children. The
599	599	9 visual signals shall not be actuated at any other time.
600	600	10 "(c)(1) Every bus used for the transportation of
601	601	11 passengers to or from church shall bear upon the front and
602	602	12 rear thereof of the bus plainly visible signs containing the
603	603	13 words "church bus" in letters not less than eight inches in
604	604	14 height. Visual signals meeting the requirements of Section
605	605	15 32-5A-155, on a church bus, if any, may be actuated by the
606	606	16 driver of the church bus only when the vehicle is stopped for
607	607	17 the purpose of receiving or discharging passengers.
608	608	18 "(2) A bus operated by the Association for Retarded
609	609	19 Citizens ARC of Alabama, or an affiliate thereof, transporting
610	610	20 its clients shall be considered a bus to which this section is
611	611	21 applicable.
612	612	22 "(d) The driver of a vehicle upon a divided highway
613	613	23 having four or more lanes which permits at least two lanes of
614	614	24 traffic to travel in opposite directions need not stop the
615	615	25 vehicle upon meeting a school or church bus which is stopped
616	616	26 in the opposing roadway or if the school or church bus is
617	617	27 stopped in a loading zone which is a part of or adjacent to
618	618	Page 23 1 such highway and where pedestrians are not permitted to cross
619	619	2 the roadway.
620	620	3 "(e) If the driver of any vehicle is witnessed by a
621	621	4 peace law enforcement officer or the driver of a school bus to
622	622	5 have violated this section and the identity of the driver of
623	623	6 the vehicle is not otherwise apparent, it shall be an
624	624	7 inference that the person in whose name such the vehicle is
625	625	8 registered committed the violation. In the event that charges
626	626	9 are filed against multiple owners of a motor vehicle, only one
627	627	10 of the owners may be convicted and court costs may be assessed
628	628	11 against only one of the owners. If the vehicle which is
629	629	12 involved in the violation is registered in the name of a
630	630	13 rental or leasing company and the vehicle is rented or leased
631	631	14 to another person at the time of the violation, the rental or
632	632	15 leasing company may rebut the inference by providing the peace
633	633	16 law enforcement officer or prosecuting authority with a copy
634	634	17 of the rental or lease agreement in effect at the time of the
635	635	18 violation.
636	636	19 "(f)(1) Upon first conviction, a person violating
637	637	20 subsection (a) shall be punished by a fine of not less than
638	638	21 one hundred fifty dollars ($150) nor more than three hundred
639	639	22 dollars ($300).
640	640	23 "(2) On a second conviction, a person convicted of
641	641	24 violating subsection (a) shall be punished by a fine of not
642	642	25 less than three hundred dollars ($300) nor more than five
643	643	26 hundred dollars ($500) and shall complete at least 100 hours
644	644	27 of community service. In addition, the Director Secretary of
645	645	Page 24 1 the Department of Public Safety Alabama State Law Enforcement
646	646	2 Agency shall suspend the driving privileges or driver's
647	647	3 license of the person convicted for a period of 30 days.
648	648	4 "(3) On a third conviction, a person convicted of
649	649	5 violating subsection (a) shall be punished by a fine of not
650	650	6 less than five hundred dollars ($500) nor more than one
651	651	7 thousand dollars ($1,000) and shall complete at least 200
652	652	8 hours of community service. In addition, the Director
653	653	9 Secretary of the Department of Public Safety Alabama State Law
654	654	10 Enforcement Agency shall suspend the driving privileges or
655	655	11 driver's license of the person convicted for a period of 90
656	656	12 days.
657	657	13 "(4) On a fourth or subsequent conviction, a person
658	658	14 convicted of violating subsection (a) shall be guilty of a
659	659	15 Class C felony and punished by a fine of not less than one
660	660	16 thousand dollars ($1,000) nor more than three thousand dollars
661	661	17 ($3,000). In addition to the other penalties authorized, the
662	662	18 Director Secretary of the Department of Public Safety Alabama
663	663	19 State Law Enforcement Agency shall revoke the driving
664	664	20 privileges or driver's license of the person convicted for a
665	665	21 period of one year.
666	666	22 "(g) Any law to the contrary notwithstanding, the
667	667	23 Alabama habitual felony offender law shall not apply to a
668	668	24 conviction of a felony pursuant to subsection (f), and a
669	669	25 conviction of a felony pursuant to subsection (f) shall not be
670	670	26 a felony conviction for purposes of the enhancement of
671	671	27 punishment pursuant to Alabama's habitual felony offender law.
672	672	Page 25 1 "(h) (g) All fines and penalties imposed pursuant to
673	673	2 this section shall be forwarded immediately upon collection by
674	674	3 the officer of the court who collects the proceeds to the
675	675	4 general fund of the respective agency that enforced this
676	676	5 section.
677	677	6 "(i) (h) Neither reckless driving nor any other
678	678	7 traffic infraction is a lesser included offense under a charge
679	679	8 of overtaking and passing a school bus or church bus."
680	680	9 Section 2. Section 32-5A-191, Code of Alabama 1975,
681	681	10 effective until July 1, 2023, is amended to read as follows:
682	682	11 "§32-5A-191.
683	683	12 "(a) A person shall not drive or be in actual
684	684	13 physical control of any vehicle while:
685	685	14 "(1) There is 0.08 percent or more by weight of
686	686	15 alcohol in his or her blood;
687	687	16 "(2) Under the influence of alcohol;
688	688	17 "(3) Under the influence of a controlled substance
689	689	18 to a degree which renders him or her incapable of safely
690	690	19 driving;
691	691	20 "(4) Under the combined influence of alcohol and a
692	692	21 controlled substance to a degree which renders him or her
693	693	22 incapable of safely driving; or
694	694	23 "(5) Under the influence of any substance which
695	695	24 impairs the mental or physical faculties of such person to a
696	696	25 degree which renders him or her incapable of safely driving.
697	697	26 "(b)(1) A person who is under the age of 21 years
698	698	27 shall not drive or be in actual physical control of any
699	699	Page 26 1 vehicle if there is 0.02 percent or more by weight of alcohol
700	700	2 in his or her blood. The Alabama State Law Enforcement Agency
701	701	3 shall suspend or revoke the driver's license of any person,
702	702	4 including, but not limited to, a juvenile, child, or youthful
703	703	5 offender, convicted or adjudicated of, or subjected to a
704	704	6 finding of, delinquency based on this subsection.
705	705	7 Notwithstanding the foregoing, upon the first violation of
706	706	8 this subsection by a person whose blood alcohol level is
707	707	9 between 0.02 and 0.08, the person's driver's license or
708	708	10 driving privilege shall be suspended for a period of 30 days
709	709	11 in lieu of any penalties provided in subsection (e) of this
710	710	12 section, and there shall be no disclosure, other than to
711	711	13 courts, law enforcement agencies, the person's attorney of
712	712	14 record, and the person's employer, by any entity or person of
713	713	15 any information, documents, or records relating to the
714	714	16 person's arrest, conviction, or adjudication of or finding of
715	715	17 delinquency based on this subsection.
716	716	18 "(2) All persons, except as otherwise provided in
717	717	19 this subsection for a first offense, including, but not
718	718	20 limited to, a juvenile, child, or youthful offender, convicted
719	719	21 or adjudicated of or subjected to a finding of delinquency
720	720	22 based on this subsection shall be fined pursuant to this
721	721	23 section, notwithstanding any other law to the contrary, and
722	722	24 the person shall also be required to attend and complete a DUI
723	723	25 or substance abuse court referral program in accordance with
724	724	26 subsection (k).
725	725	Page 27 1 "(c)(1) A school bus or day care driver shall not
726	726	2 drive or be in actual physical control of any vehicle while in
727	727	3 performance of his or her duties if there is greater than 0.02
728	728	4 percent by weight of alcohol in his or her blood. A person
729	729	5 convicted pursuant to this subsection shall be subject to the
730	730	6 penalties provided by this section, except that on the first
731	731	7 conviction the Secretary of the Alabama State Law Enforcement
732	732	8 Agency shall suspend the driving privilege or driver's license
733	733	9 for a period of one year.
734	734	10 "(2) A person shall not drive or be in actual
735	735	11 physical control of a commercial motor vehicle, as defined in
736	736	12 49 CFR Part 383.5 of the Federal Motor Carrier Safety
737	737	13 Regulations as adopted pursuant to Section 32-9A-2, if there
738	738	14 is 0.04 percent or greater by weight of alcohol in his or her
739	739	15 blood. Notwithstanding the other provisions of this section,
740	740	16 the commercial driver's license or commercial driving
741	741	17 privilege of a person convicted of violating this subdivision
742	742	18 shall be disqualified for the period provided in accordance
743	743	19 with 49 CFR Part 383.51, as applicable, and the person's
744	744	20 regular driver's license or privilege to drive a regular motor
745	745	21 vehicle shall be governed by the remainder of this section if
746	746	22 the person is guilty of a violation of another provision of
747	747	23 this section.
748	748	24 "(3) Any commutation of suspension or revocation
749	749	25 time as it relates to a court order, approval, and
750	750	26 installation of an ignition interlock device shall not apply
751	751	27 to commercial driving privileges or disqualifications.
752	752	Page 28 1 "(d) The fact that any person charged with violating
753	753	2 this section is or has been legally entitled to use alcohol or
754	754	3 a controlled substance shall not constitute a defense against
755	755	4 any charge of violating this section.
756	756	5 "(e) Upon first conviction, a person violating this
757	757	6 section shall be punished by imprisonment in the county or
758	758	7 municipal jail for not more than one year, or by fine of not
759	759	8 less than six hundred dollars ($600) nor more than two
760	760	9 thousand one hundred dollars ($2,100), or by both a fine and
761	761	10 imprisonment. In addition, on a first conviction, the
762	762	11 Secretary of the Alabama State Law Enforcement Agency shall
763	763	12 suspend the driving privilege or driver's license of the
764	764	13 person convicted for a period of 90 days. The 90-day
765	765	14 suspension shall be stayed if the offender elects to have an
766	766	15 approved ignition interlock device installed and operating on
767	767	16 the designated motor vehicle driven by the offender for 90
768	768	17 days. The offender shall present proof of installation of the
769	769	18 approved ignition interlock device to the Alabama State Law
770	770	19 Enforcement Agency and obtain an ignition interlock restricted
771	771	20 driver license. The remainder of the suspension shall be
772	772	21 commuted upon the successful completion of the elected use,
773	773	22 mandated use, or both, of the ignition interlock device. If,
774	774	23 on a first conviction, any person refusing to provide a blood
775	775	24 alcohol concentration, if a child under the age of 14 years
776	776	25 was a passenger in the vehicle at the time of the offense, if
777	777	26 someone else besides the offender was injured at the time of
778	778	27 the offense, or if the offender is found to have had at least
779	779	Page 29 1 0.15 percent or more by weight of alcohol in his or her blood
780	780	2 while operating or being in actual physical control of a
781	781	3 vehicle, the Secretary of the Alabama State Law Enforcement
782	782	4 Agency shall suspend the driving privilege or driver's license
783	783	5 of the person convicted for a period of 90 days and the person
784	784	6 shall be required to have an ignition interlock device
785	785	7 installed and operating on the designated motor vehicle driven
786	786	8 by the offender for a period of one year from the date of
787	787	9 issuance of a driver's license indicating that the person's
788	788	10 driving privileges are subject to the condition of the
789	789	11 installation and use of a certified ignition interlock device
790	790	12 on a motor vehicle. Upon receipt of a court order from the
791	791	13 convicting court, upon issuance of an ignition interlock
792	792	14 restricted driver license, and upon proof of installation of
793	793	15 an operational approved ignition interlock device on the
794	794	16 designated vehicle of the person convicted, the mandated
795	795	17 ignition interlock period of one year provided in this
796	796	18 subsection shall start and the suspension period, revocation
797	797	19 period, or both, as required under this subsection shall be
798	798	20 stayed. The remainder of the driver license revocation period,
799	799	21 suspension period, or both, shall be commuted upon the
800	800	22 successful completion of the period of time in which the
801	801	23 ignition interlock device is mandated to be installed and
802	802	24 operational.
803	803	25 "(f) On a second conviction, a person convicted of
804	804	26 violating this section shall be punished by a fine of not less
805	805	27 than one thousand one hundred dollars ($1,100) nor more than
806	806	Page 30 1 five thousand one hundred dollars ($5,100) and by
807	807	2 imprisonment, which may include hard labor in the county or
808	808	3 municipal jail for not more than one year. The sentence shall
809	809	4 include a mandatory sentence, which is not subject to
810	810	5 suspension or probation, of imprisonment in the county or
811	811	6 municipal jail for not less than five days or community
812	812	7 service for not less than 30 days. In addition, the Secretary
813	813	8 of the Alabama State Law Enforcement Agency shall revoke the
814	814	9 driving privileges or driver's license of the person convicted
815	815	10 for a period of one year and the offender shall be required to
816	816	11 have an ignition interlock device installed and operating on
817	817	12 the designated motor vehicle driven by the offender for a
818	818	13 period of two years from the date of issuance of a driver's
819	819	14 license indicating that the person's driving privileges are
820	820	15 subject to the condition of the installation and use of a
821	821	16 certified ignition interlock device on a motor vehicle. After
822	822	17 a minimum of 45 days of the license revocation or suspension
823	823	18 pursuant to Section 32-5A-304, this section, or both, is
824	824	19 completed, upon receipt of a court order from the convicting
825	825	20 court, upon issuance of an ignition interlock restricted
826	826	21 driver license, and upon proof of installation of an
827	827	22 operational approved ignition interlock device on the
828	828	23 designated vehicle of the person convicted, the mandated
829	829	24 ignition interlock period of two years approved in this
830	830	25 subsection shall start and the suspension period, revocation
831	831	26 period, or both, as required under this subsection shall be
832	832	27 stayed. The remainder of the driver license revocation period,
833	833	Page 31 1 suspension period, or both, shall be commuted upon the
834	834	2 successful completion of the period of time in which the
835	835	3 ignition interlock device is mandated to be installed and
836	836	4 operational.
837	837	5 "(g) On a third conviction, a person convicted of
838	838	6 violating this section shall be punished by a fine of not less
839	839	7 than two thousand one hundred dollars ($2,100) nor more than
840	840	8 ten thousand one hundred dollars ($10,100) and by
841	841	9 imprisonment, which may include hard labor, in the county or
842	842	10 municipal jail for not less than 60 days nor more than one
843	843	11 year, to include a minimum of 60 days which shall be served in
844	844	12 the county or municipal jail and cannot be probated or
845	845	13 suspended. In addition, the Secretary of the Alabama State Law
846	846	14 Enforcement Agency shall revoke the driving privilege or
847	847	15 driver's license of the person convicted for a period of three
848	848	16 years and the offender shall be required to have an ignition
849	849	17 interlock device installed and operating on the designated
850	850	18 motor vehicle driven by the offender for a period of three
851	851	19 years from the date of issuance of a driver's license
852	852	20 indicating that the person's driving privileges are subject to
853	853	21 the condition of the installation and use of a certified
854	854	22 ignition interlock device on a motor vehicle. After a minimum
855	855	23 of 60 days of the license revocation or suspension pursuant to
856	856	24 Section 32-5A-304, this section, or both, is completed, upon
857	857	25 receipt of a court order from the convicting court, upon
858	858	26 issuance of an ignition interlock restricted driver license,
859	859	27 and upon proof of installation of an operational approved
860	860	Page 32 1 ignition interlock device on the designated vehicle of the
861	861	2 person convicted, the mandated ignition interlock period of
862	862	3 three years provided in this subsection shall start and the
863	863	4 suspension period, revocation period, or both, as required
864	864	5 under this subsection shall be stayed. The remainder of the
865	865	6 driver license revocation period, suspension period, or both,
866	866	7 shall be commuted upon the successful completion of the period
867	867	8 of time in which the ignition interlock device is mandated to
868	868	9 be installed and operational.
869	869	10 "(h)(1) On a fourth or subsequent conviction, or if
870	870	11 the person has a previous felony DUI conviction, a person
871	871	12 convicted of violating this section shall be guilty of a Class
872	872	13 C felony and punished by a fine of not less than four thousand
873	873	14 one hundred dollars ($4,100) nor more than ten thousand one
874	874	15 hundred dollars ($10,100) and by imprisonment of not less than
875	875	16 one year and one day nor more than 10 years. Any term of
876	876	17 imprisonment may include hard labor for the county or state,
877	877	18 and where imprisonment does not exceed three years,
878	878	19 confinement may be in the county jail. Where imprisonment does
879	879	20 not exceed one year and one day, confinement shall be in the
880	880	21 county jail. The minimum sentence shall include a term of
881	881	22 imprisonment for at least one year and one day, provided,
882	882	23 however, that there shall be a minimum mandatory sentence of
883	883	24 10 days which shall be served in the county jail. The
884	884	25 remainder of the sentence may be suspended or probated, but
885	885	26 only if as a condition of probation the defendant enrolls and
886	886	27 successfully completes a state certified chemical dependency
887	887	Page 33 1 program recommended by the court referral officer and approved
888	888	2 by the sentencing court. Where probation is granted, the
889	889	3 sentencing court may, in its discretion, and where monitoring
890	890	4 equipment is available, place the defendant on house arrest
891	891	5 under electronic surveillance during the probationary term. In
892	892	6 addition to the other penalties authorized, the Secretary of
893	893	7 the Alabama State Law Enforcement Agency shall revoke the
894	894	8 driving privilege or driver's license of the person convicted
895	895	9 for a period of five years and the offender shall be required
896	896	10 to have an ignition interlock device installed and operating
897	897	11 on the designated motor vehicle driven by the offender for a
898	898	12 period of four years from the date of issuance of a driver's
899	899	13 license indicating that the person's driving privileges are
900	900	14 subject to the condition of the installation and use of a
901	901	15 certified ignition interlock device on a motor vehicle. After
902	902	16 a minimum of one year of the license revocation or suspension
903	903	17 pursuant to Section 32-5A-304, this section, or both, is
904	904	18 completed, upon receipt of a court order from the convicting
905	905	19 court, upon issuance of an ignition interlock restricted
906	906	20 driver license, and upon proof of installation of an
907	907	21 operational approved ignition interlock device on the
908	908	22 designated vehicle of the person convicted, the mandated
909	909	23 ignition interlock period of four years provided in this
910	910	24 subsection shall start and the suspension period, revocation
911	911	25 period, or both, as required under this subsection shall be
912	912	26 stayed. The remainder of the driver license revocation period,
913	913	27 suspension period, or both, shall be commuted upon the
914	914	Page 34 1 successful completion of the period of time in which the
915	915	2 ignition interlock device is mandated to be installed and
916	916	3 operational.
917	917	4 "(2) The Alabama habitual felony offender law shall
918	918	5 not apply to a conviction of a felony pursuant to this
919	919	6 subsection, and a conviction of a felony pursuant to this
920	920	7 subsection shall not be a felony conviction for purposes of
921	921	8 the enhancement of punishment pursuant to Alabama's habitual
922	922	9 felony offender law. However, prior Prior misdemeanor or
923	923	10 felony convictions for driving under the influence may be
924	924	11 considered as part of the sentencing calculations or
925	925	12 determinations under the Alabama Sentencing Guidelines or
926	926	13 rules promulgated adopted by the Alabama Sentencing
927	927	14 Commission.
928	928	15 "(i) When any person convicted of violating this
929	929	16 section is found to have had at least 0.15 percent or more by
930	930	17 weight of alcohol in his or her blood while operating or being
931	931	18 in actual physical control of a vehicle, he or she shall be
932	932	19 sentenced to at least double the minimum punishment that the
933	933	20 person would have received if he or she had had less than 0.15
934	934	21 percent by weight of alcohol in his or her blood. This
935	935	22 subsection does not apply to the duration of time an ignition
936	936	23 interlock device is required by this section. If the
937	937	24 adjudicated offense is a misdemeanor, the minimum punishment
938	938	25 shall be imprisonment for one year, all of which may be
939	939	26 suspended except as otherwise provided for in subsections (f)
940	940	27 and (g).
941	941	Page 35 1 "(j) When any person over the age of 21 years is
942	942	2 convicted of violating this section and it is found that a
943	943	3 child under the age of 14 years was a passenger in the vehicle
944	944	4 at the time of the offense, the person shall be sentenced to
945	945	5 at least double the minimum punishment that the person would
946	946	6 have received if the child had not been a passenger in the
947	947	7 motor vehicle. This subsection does not apply to the duration
948	948	8 of time an ignition interlock device is required by this
949	949	9 section.
950	950	10 "(k)(1) In addition to the penalties provided
951	951	11 herein, any person convicted of violating this section shall
952	952	12 be referred to the court referral officer for evaluation and
953	953	13 referral to appropriate community resources. The defendant
954	954	14 shall, at a minimum, be required to complete a DUI or
955	955	15 substance abuse court referral program approved by the
956	956	16 Administrative Office of Courts and operated in accordance
957	957	17 with provisions of the Mandatory Treatment Act of 1990,
958	958	18 Sections 12-23-1 to 12-23-19, inclusive. The Alabama State Law
959	959	19 Enforcement Agency shall not reissue a driver's license to a
960	960	20 person convicted under this section without receiving proof
961	961	21 that the defendant has successfully completed the required
962	962	22 program.
963	963	23 "(2) Upon conviction, the court shall notify the
964	964	24 Alabama State Law Enforcement Agency if the person convicted
965	965	25 is required to install and maintain an approved ignition
966	966	26 interlock device. The agency shall suspend or revoke a
967	967	27 person's driving privileges until completion of the mandatory
968	968	Page 36 1 suspension or revocation period required by this section, and
969	969	2 clearance of all other suspensions, revocations,
970	970	3 cancellations, or denials, and proof of installation of an
971	971	4 approved ignition interlock device is presented to the agency.
972	972	5 The agency shall not reissue a driver's license to a person
973	973	6 who has been ordered by a court or is required by law to have
974	974	7 the ignition interlock device installed until proof is
975	975	8 presented that the person is eligible for reinstatement of
976	976	9 driving privileges. Upon presentation of proof and compliance
977	977	10 with all ignition interlock requirements, the agency shall
978	978	11 issue a driver's license with a restriction indicating that
979	979	12 the licensee may operate a motor vehicle only with the
980	980	13 certified ignition interlock device installed and properly
981	981	14 operating. If the licensee fails to maintain the approved
982	982	15 ignition interlock device as required or is otherwise not in
983	983	16 compliance with any order of the court, the court shall notify
984	984	17 the agency of the noncompliance and the agency shall suspend
985	985	18 the person's driving privileges until the agency receives
986	986	19 notification from the court that the licensee is in
987	987	20 compliance. The requirement that the licensee use the ignition
988	988	21 interlock device may be removed only when the court of
989	989	22 conviction confirms to the agency that the licensee is no
990	990	23 longer subject to the ignition interlock device requirement.
991	991	24 "(l) Neither reckless driving nor any other traffic
992	992	25 infraction is a lesser included offense under a charge of
993	993	26 driving under the influence of alcohol or of a controlled
994	994	27 substance.
995	995	Page 37 1 "(m)(1) Except for fines collected for violations of
996	996	2 this section charged pursuant to a municipal ordinance, fines
997	997	3 collected for violations of this section shall be deposited to
998	998	4 the State General Fund; however, beginning October 1, 1995, of
999	999	5 any amount collected over two hundred fifty dollars ($250) for
1000	1000	6 a first conviction, over five hundred dollars ($500) for a
1001	1001	7 second conviction within 10 years, over one thousand dollars
1002	1002	8 ($1,000) for a third conviction within 10 years, and over two
1003	1003	9 thousand dollars ($2,000) for a fourth or subsequent
1004	1004	10 conviction within 10 years, the first one hundred dollars
1005	1005	11 ($100) of that additional amount shall be deposited to the
1006	1006	12 Alabama Chemical Testing Training and Equipment Trust Fund,
1007	1007	13 after three percent of the one hundred dollars ($100) is
1008	1008	14 deducted for administrative costs, and beginning October 1,
1009	1009	15 1997, and thereafter, the second one hundred dollars ($100) of
1010	1010	16 that additional amount shall be deposited in the Alabama Head
1011	1011	17 and Spinal Cord Injury Trust Fund after deducting five percent
1012	1012	18 of the one hundred dollars ($100) for administrative costs and
1013	1013	19 the remainder of the funds shall be deposited to the State
1014	1014	20 General Fund.
1015	1015	21 "(2) Fines collected for violations of this section
1016	1016	22 charged pursuant to a municipal ordinance where the total fine
1017	1017	23 is paid at one time shall be deposited as follows: The first
1018	1018	24 three hundred fifty dollars ($350) collected for a first
1019	1019	25 conviction, the first six hundred dollars ($600) collected for
1020	1020	26 a second conviction within 10 years, the first one thousand
1021	1021	27 one hundred dollars ($1,100) collected for a third conviction,
1022	1022	Page 38 1 and the first two thousand one hundred dollars ($2,100)
1023	1023	2 collected for a fourth or subsequent conviction shall be
1024	1024	3 deposited to the State Treasury with the first one hundred
1025	1025	4 dollars ($100) collected for each conviction credited to the
1026	1026	5 Alabama Chemical Testing Training and Equipment Trust Fund and
1027	1027	6 the second one hundred dollars ($100) to the Alabama Head and
1028	1028	7 Spinal Cord Injury Trust Fund after deducting five percent of
1029	1029	8 the one hundred dollars ($100) for administrative costs and
1030	1030	9 depositing this amount in the general fund of the
1031	1031	10 municipality, and the balance credited to the State General
1032	1032	11 Fund. Any amounts collected over these amounts shall be
1033	1033	12 deposited as otherwise provided by law.
1034	1034	13 "(3) Fines collected for violations of this section
1035	1035	14 charged pursuant to a municipal ordinance, where the fine is
1036	1036	15 paid on a partial or installment basis, shall be deposited as
1037	1037	16 follows: The first two hundred dollars ($200) of the fine
1038	1038	17 collected for any conviction shall be deposited to the State
1039	1039	18 Treasury with the first one hundred dollars ($100) collected
1040	1040	19 for any conviction credited to the Alabama Chemical Testing
1041	1041	20 Training and Equipment Trust Fund and the second one hundred
1042	1042	21 dollars ($100) for any conviction credited to the Alabama Head
1043	1043	22 and Spinal Cord Injury Trust Fund after deducting five percent
1044	1044	23 of the one hundred dollars ($100) for administrative costs and
1045	1045	24 depositing this amount in the general fund of the
1046	1046	25 municipality. The second three hundred dollars ($300) of the
1047	1047	26 fine collected for a first conviction, the second eight
1048	1048	27 hundred dollars ($800) collected for a second conviction, the
1049	1049	Page 39 1 second one thousand eight hundred dollars ($1,800) collected
1050	1050	2 for a third conviction, and the second three thousand eight
1051	1051	3 hundred dollars ($3,800) collected for a fourth conviction
1052	1052	4 shall be divided with 50 percent of the funds collected to be
1053	1053	5 deposited to the State Treasury to be credited to the State
1054	1054	6 General Fund and 50 percent deposited as otherwise provided by
1055	1055	7 law for municipal ordinance violations. Any amounts collected
1056	1056	8 over these amounts shall be deposited as otherwise provided by
1057	1057	9 law for municipal ordinance violations.
1058	1058	10 "(4) Notwithstanding any provision of law to the
1059	1059	11 contrary, 90 percent of any fine assessed and collected for
1060	1060	12 any DUI offense charged by municipal ordinance violation in
1061	1061	13 district or circuit court shall be computed only on the amount
1062	1062	14 assessed over the minimum fine authorized, and upon collection
1063	1063	15 shall be distributed to the municipal general fund with the
1064	1064	16 remaining 10 percent distributed to the State General Fund.
1065	1065	17 "(5) In addition to fines imposed pursuant to this
1066	1066	18 subsection, a mandatory fee of one hundred dollars ($100)
1067	1067	19 shall be collected from any individual who successfully
1068	1068	20 completes any pretrial diversion or deferral program in any
1069	1069	21 municipal, district, or circuit court where the individual was
1070	1070	22 charged with a violation of this section or a corresponding
1071	1071	23 municipal ordinance. The one hundred dollars ($100) shall be
1072	1072	24 deposited into the Alabama Chemical Testing Training and
1073	1073	25 Equipment Fund.
1074	1074	26 "(6) In addition to the fines and fees imposed
1075	1075	27 pursuant to this subsection, a mandatory fee of one hundred
1076	1076	Page 40 1 dollars ($100) shall be collected from any individual who
1077	1077	2 successfully completes any pretrial diversion or deferral
1078	1078	3 program in any municipal, district, or circuit court where the
1079	1079	4 individual was charged with a violation of this section or a
1080	1080	5 corresponding municipal ordinance. The one hundred dollars
1081	1081	6 ($100) shall be deposited into the Alabama Head and Spinal
1082	1082	7 Cord Injury Trust Fund.
1083	1083	8 "(n) A person who has been arrested for violating
1084	1084	9 this section shall not be released from jail under bond or
1085	1085	10 otherwise, until there is less than the same percent by weight
1086	1086	11 of alcohol in his or her blood as specified in subsection
1087	1087	12 (a)(1) or, in the case of a person who is under the age of 21
1088	1088	13 years, subsection (b) hereof.
1089	1089	14 "(o) Upon verification that a defendant arrested
1090	1090	15 pursuant to this section is currently on probation from
1091	1091	16 another court of this state as a result of a conviction for
1092	1092	17 any criminal offense, the prosecutor shall provide written or
1093	1093	18 oral notification of the defendant's subsequent arrest and
1094	1094	19 pending prosecution to the court in which the prior conviction
1095	1095	20 occurred.
1096	1096	21 "(p)(1) Except as provided in subdivision (2), a
1097	1097	22 prior conviction for driving under the influence from this
1098	1098	23 state, a municipality within this state, or another state or
1099	1099	24 territory or a municipality of another state or territory
1100	1100	25 shall be considered by a court for imposing a sentence
1101	1101	26 pursuant to this section if the prior conviction occurred
1102	1102	27 within 10 years of the date of the current offense.
1103	1103	Page 41 1 "(2) If the person has a previous felony DUI
1104	1104	2 conviction, then all of the person's subsequent DUI
1105	1105	3 convictions shall be treated as felonies regardless of the
1106	1106	4 date of the previous felony DUI conviction.
1107	1107	5 "(q) Any person convicted of driving under the
1108	1108	6 influence of alcohol, or a controlled substance, or both, or
1109	1109	7 any substance which impairs the mental or physical faculties
1110	1110	8 in violation of this section, a municipal ordinance adopting
1111	1111	9 this section, or a similar law from another state or territory
1112	1112	10 or a municipality of another state or territory more than once
1113	1113	11 in a 10-year period shall have his or her motor vehicle
1114	1114	12 registration for all vehicles owned by the repeat offender
1115	1115	13 suspended by the Alabama Department of Revenue for the
1116	1116	14 duration of the offender's driver's license suspension period,
1117	1117	15 unless such action would impose an undue hardship to any
1118	1118	16 individual, not including the repeat offender, who is
1119	1119	17 completely dependent on the motor vehicle for the necessities
1120	1120	18 of life, including any family member of the repeat offender
1121	1121	19 and any co-owner of the vehicle or, in the case of a repeat
1122	1122	20 offender, if the repeat offender has a functioning ignition
1123	1123	21 interlock device installed on the designated vehicle for the
1124	1124	22 duration of the offender's driver's license suspension period.
1125	1125	23 "(r)(1) Any person ordered by the court to have an
1126	1126	24 ignition interlock device installed on a designated vehicle,
1127	1127	25 and any person who elects to have the ignition interlock
1128	1128	26 device installed on a designated vehicle for the purpose of
1129	1129	27 reducing a period of suspension or revocation of his or her
1130	1130	Page 42 1 driver's license, shall pay to the court, following his or her
1131	1131	2 conviction, two hundred dollars ($200), which may be paid in
1132	1132	3 installments and which shall be divided as follows:
1133	1133	4 "a. Seventeen percent to the Alabama Interlock
1134	1134	5 Indigent Fund.
1135	1135	6 "b. For cases in the district or circuit court, 30
1136	1136	7 percent to the State Judicial Administration Fund administered
1137	1137	8 by the Administrative Office of Courts and for cases in the
1138	1138	9 municipal court, 30 percent to the municipal judicial
1139	1139	10 administration fund of the municipality where the municipal
1140	1140	11 court is located to be used for the operation of the municipal
1141	1141	12 court.
1142	1142	13 "c. Thirty percent to the Highway Traffic Safety
1143	1143	14 Fund administered by the Alabama State Law Enforcement Agency.
1144	1144	15 "d. Twenty-three percent to the District Attorney's
1145	1145	16 Solicitor Fund.
1146	1146	17 "(2) In addition to paying the court clerk the fee
1147	1147	18 required in subdivision (1) following the conviction or the
1148	1148	19 voluntary installation of the ignition interlock device, the
1149	1149	20 defendant shall pay all costs associated with the
1150	1150	21 installation, purchase, maintenance, or lease of the ignition
1151	1151	22 interlock devices to an approved ignition interlock provider
1152	1152	23 pursuant to the rules of the Department of Forensic Sciences,
1153	1153	24 unless the defendant is subject to Section 32-5A-191.4(i)(4).
1154	1154	25 "(s) The defendant shall designate the vehicle to be
1155	1155	26 used by identifying the vehicle by the vehicle identification
1156	1156	27 number to the court. The defendant, at his or her own expense,
1157	1157	Page 43 1 may designate additional motor vehicles on which an ignition
1158	1158	2 interlock device may be installed for the use of the
1159	1159	3 defendant.
1160	1160	4 "(t)(1) Any person who is required to comply with
1161	1161	5 the ignition interlock provisions of this section as a
1162	1162	6 condition of restoration or reinstatement of his or her
1163	1163	7 driver's license, shall only operate the designated vehicle
1164	1164	8 equipped with a functioning ignition interlock device for the
1165	1165	9 period of time consistent with the offense for which he or she
1166	1166	10 was convicted as provided for in this section.
1167	1167	11 "(2) The duration of the time an ignition interlock
1168	1168	12 device is required by this section shall be one additional
1169	1169	13 year if the offender refused the prescribed chemical test for
1170	1170	14 intoxication.
1171	1171	15 "(u)(1) The Alabama State Law Enforcement Agency may
1172	1172	16 set a fee of not more than one hundred fifty dollars ($150)
1173	1173	17 for the issuance of a driver's license indicating that the
1174	1174	18 person's driving privileges are subject to the condition of
1175	1175	19 the installation and use of a certified ignition interlock
1176	1176	20 device on a motor vehicle. Fifteen percent of the fee shall be
1177	1177	21 distributed to the general fund of the county where the person
1178	1178	22 was convicted to be utilized for law enforcement purposes.
1179	1179	23 Eighty-five percent shall be distributed to the State General
1180	1180	24 Fund. In addition, at the end of the time the person's driving
1181	1181	25 privileges are subject to the above conditions, the agency
1182	1182	26 shall set a fee of not more than seventy-five dollars ($75) to
1183	1183	Page 44 1 reissue a regular driver's license. The fee shall be deposited
1184	1184	2 as provided in Sections 32-6-5, 32-6-6, and 32-6-6.1.
1185	1185	3 "(2) The defendant shall provide proof of
1186	1186	4 installation of an approved ignition interlock device to the
1187	1187	5 Alabama State Law Enforcement Agency as a condition of the
1188	1188	6 issuance of a restricted driver's license.
1189	1189	7 "(3) Any ignition interlock driving violation
1190	1190	8 committed by the offender during the mandated ignition
1191	1191	9 interlock period shall extend the duration of ignition
1192	1192	10 interlock use for six months. Ignition interlock driving
1193	1193	11 violations include any of the following:
1194	1194	12 "a. A breath sample at or above a minimum blood
1195	1195	13 alcohol concentration level of 0.02 recorded four or more
1196	1196	14 times during the monthly reporting period unless a subsequent
1197	1197	15 test performed within 10 minutes registers a breath alcohol
1198	1198	16 concentration lower than 0.02.
1199	1199	17 "b. Any tampering, circumvention, or bypassing of
1200	1200	18 the ignition interlock device, or attempt thereof.
1201	1201	19 "c. Failure to comply with the servicing or
1202	1202	20 calibration requirements of the ignition interlock device
1203	1203	21 every 30 days.
1204	1204	22 "(v) Nothing in this section and Section 32-5A-191.4
1205	1205	23 shall require an employer to install an ignition interlock
1206	1206	24 device in a vehicle owned or operated by the employer for use
1207	1207	25 by an employee required to use the device as a condition of
1208	1208	26 driving pursuant to this section and Section 32-5A-191.4.
1209	1209	Page 45 1 "(w) The provisions in this section and Section
1210	1210	2 32-5A-191.4 relating to ignition interlock devices shall not
1211	1211	3 apply to persons who commit violations of this section while
1212	1212	4 under 19 years of age and who are adjudicated in juvenile
1213	1213	5 court, unless specifically ordered otherwise by the court.
1214	1214	6 "(x)(1) The amendatory language in Act 2014-222 to
1215	1215	7 this section, authorizing the Alabama State Law Enforcement
1216	1216	8 Agency to stay a driver's license suspension or revocation
1217	1217	9 upon compliance with the ignition interlock requirement shall
1218	1218	10 apply retroactively if any of the following occurs:
1219	1219	11 "a. The offender files an appeal with the court of
1220	1220	12 jurisdiction requesting all prior suspensions or revocation,
1221	1221	13 or both, be stayed upon compliance with the ignition interlock
1222	1222	14 requirement.
1223	1223	15 "b. The offender wins appeal with the court of
1224	1224	16 jurisdiction relating to this section.
1225	1225	17 "c. The court of jurisdiction notifies the Alabama
1226	1226	18 State Law Enforcement Agency that the offender is eligible to
1227	1227	19 have the driver's license stayed.
1228	1228	20 "d. The Alabama State Law Enforcement Agency issues
1229	1229	21 an ignition interlock restricted driver's license.
1230	1230	22 "e. The offender remains in compliance of ignition
1231	1231	23 interlock requirements.
1232	1232	24 "(2) The remainder of the driver license revocation,
1233	1233	25 suspension, or both, shall be commuted upon the successful
1234	1234	26 completion of the period of time in which the ignition
1235	1235	27 interlock device is mandated to be installed and operational.
1236	1236	Page 46 1 "(y)(1) Any person charged in a district, circuit,
1237	1237	2 or municipal court with a violation of this section or a
1238	1238	3 municipal ordinance adopted in conformance with this section
1239	1239	4 who is approved for any pretrial diversion program or similar
1240	1240	5 program shall be required to install an ignition interlock
1241	1241	6 device for a minimum of six months or the duration of the
1242	1242	7 pretrial diversion program, whichever is greater, and meet all
1243	1243	8 the requirements of this section and Section 32-5A-191.4. A
1244	1244	9 participant in a pretrial diversion program shall be eligible
1245	1245	10 for indigency status if the program enrolls indigent
1246	1246	11 defendants and waives fees for indigent defendants.
1247	1247	12 "(2) Upon receipt of a court order or an agreement
1248	1248	13 from the district attorney or prosecutor indicating the
1249	1249	14 offender has entered a pretrial diversion program or any other
1250	1250	15 form of deferred prosecution agreement, the Secretary of the
1251	1251	16 Alabama State Law Enforcement Agency shall indicate, as the
1252	1252	17 agency shall determine, the person's driving privileges are
1253	1253	18 subject to the condition of the installation and use of a
1254	1254	19 certified ignition interlock device on a motor vehicle. Any
1255	1255	20 driver's license suspension period pursuant to Section
1256	1256	21 32-5A-304 shall be stayed and then commuted upon the
1257	1257	22 successful completion of the pretrial diversion program, or
1258	1258	23 any other form of deferred prosecution agreement.
1259	1259	24 "(3) Upon receipt of a court order detailing any
1260	1260	25 ignition interlock violation of the requirements of this
1261	1261	26 section or Section 32-5A-191.4 or termination of the
1262	1262	27 participation in any pretrial diversion program, the Alabama
1263	1263	Page 47 1 State Law Enforcement Agency shall suspend or revoke driving
1264	1264	2 privileges pursuant to this section and Section 32-5A-304.
1265	1265	3 "(4) Nothing in this section shall be construed to
1266	1266	4 require the Alabama State Law Enforcement Agency to issue an
1267	1267	5 ignition interlock license or stay or commute any license
1268	1268	6 suspension or revocation period of a holder of a commercial
1269	1269	7 driver's license, an operator of a commercial motor vehicle,
1270	1270	8 or a commercial driver learner permit holder in violation of
1271	1271	9 other state or federal laws.
1272	1272	10 "(z) Pursuant to Section 15-22-54, the maximum
1273	1273	11 probation period for persons convicted under this section
1274	1274	12 shall be extended until all ignition interlock requirements
1275	1275	13 have been completed by the offender.
1276	1276	14 "(aa) Notwithstanding the ignition interlock
1277	1277	15 requirements of this section, no person may be required to
1278	1278	16 install an ignition interlock device if there is not a
1279	1279	17 certified ignition interlock provider available within a 50
1280	1280	18 mile radius of his or her place of residence or place of
1281	1281	19 business or employment."
1282	1282	20 Section 3. Section 32-5A-191, Code of Alabama 1975,
1283	1283	21 effective July 1, 2023, is amended to read as follows:
1284	1284	22 "§32-5A-191.
1285	1285	23 "(a) A person shall not drive or be in actual
1286	1286	24 physical control of any vehicle while:
1287	1287	25 "(1) There is 0.08 percent or more by weight of
1288	1288	26 alcohol in his or her blood;
1289	1289	27 "(2) Under the influence of alcohol;
1290	1290	Page 48 1 "(3) Under the influence of a controlled substance
1291	1291	2 to a degree which renders him or her incapable of safely
1292	1292	3 driving;
1293	1293	4 "(4) Under the combined influence of alcohol and a
1294	1294	5 controlled substance to a degree which renders him or her
1295	1295	6 incapable of safely driving; or
1296	1296	7 "(5) Under the influence of any substance which
1297	1297	8 impairs the mental or physical faculties of such person to a
1298	1298	9 degree which renders him or her incapable of safely driving.
1299	1299	10 "(b)(1) A person who is under the age of 21 years
1300	1300	11 shall not drive or be in actual physical control of any
1301	1301	12 vehicle if there is 0.02 percent or more by weight of alcohol
1302	1302	13 in his or her blood. The Alabama State Law Enforcement Agency
1303	1303	14 shall suspend or revoke the driver's license of any person,
1304	1304	15 including, but not limited to, a juvenile, child, or youthful
1305	1305	16 offender, convicted or adjudicated of, or subjected to a
1306	1306	17 finding of, delinquency based on this subsection.
1307	1307	18 Notwithstanding the foregoing, upon the first violation of
1308	1308	19 this subsection by a person whose blood alcohol level is
1309	1309	20 between 0.02 and 0.08, the person's driver's license or
1310	1310	21 driving privilege shall be suspended for a period of 30 days
1311	1311	22 in lieu of any penalties provided in subsection (e) of this
1312	1312	23 section, and there shall be no disclosure, other than to
1313	1313	24 courts, law enforcement agencies, the person's attorney of
1314	1314	25 record, and the person's employer, by any entity or person of
1315	1315	26 any information, documents, or records relating to the
1316	1316	Page 49 1 person's arrest, conviction, or adjudication of or finding of
1317	1317	2 delinquency based on this subsection.
1318	1318	3 "(2) All persons, except as otherwise provided in
1319	1319	4 this subsection for a first offense, including, but not
1320	1320	5 limited to, a juvenile, child, or youthful offender, convicted
1321	1321	6 or adjudicated of or subjected to a finding of delinquency
1322	1322	7 based on this subsection shall be fined pursuant to this
1323	1323	8 section, notwithstanding any other law to the contrary, and
1324	1324	9 the person shall also be required to attend and complete a DUI
1325	1325	10 or substance abuse court referral program in accordance with
1326	1326	11 subsection (k).
1327	1327	12 "(c)(1) A school bus or day care driver shall not
1328	1328	13 drive or be in actual physical control of any vehicle while in
1329	1329	14 performance of his or her duties if there is greater than 0.02
1330	1330	15 percent by weight of alcohol in his or her blood. A person
1331	1331	16 convicted pursuant to this subsection shall be subject to the
1332	1332	17 penalties provided by this section, except that on the first
1333	1333	18 conviction the Secretary of the Alabama State Law Enforcement
1334	1334	19 Agency shall suspend the driving privilege or driver's license
1335	1335	20 for a period of one year.
1336	1336	21 "(2) A person shall not drive or be in actual
1337	1337	22 physical control of a commercial motor vehicle, as defined in
1338	1338	23 49 CFR Part 383.5 of the Federal Motor Carrier Safety
1339	1339	24 Regulations as adopted pursuant to Section 32-9A-2, if there
1340	1340	25 is 0.04 percent or greater by weight of alcohol in his or her
1341	1341	26 blood. Notwithstanding the other provisions of this section,
1342	1342	27 the commercial driver's license or commercial driving
1343	1343	Page 50 1 privilege of a person convicted of violating this subdivision
1344	1344	2 shall be disqualified for the period provided in accordance
1345	1345	3 with 49 CFR Part 383.51, as applicable, and the person's
1346	1346	4 regular driver's license or privilege to drive a regular motor
1347	1347	5 vehicle shall be governed by the remainder of this section if
1348	1348	6 the person is guilty of a violation of another provision of
1349	1349	7 this section.
1350	1350	8 "(3) Any commutation of suspension or revocation
1351	1351	9 time as it relates to a court order, approval, and
1352	1352	10 installation of an ignition interlock device shall not apply
1353	1353	11 to commercial driving privileges or disqualifications.
1354	1354	12 "(d) The fact that any person charged with violating
1355	1355	13 this section is or has been legally entitled to use alcohol or
1356	1356	14 a controlled substance shall not constitute a defense against
1357	1357	15 any charge of violating this section.
1358	1358	16 "(e) Upon first conviction, a person violating this
1359	1359	17 section shall be punished by imprisonment in the county or
1360	1360	18 municipal jail for not more than one year, or by fine of not
1361	1361	19 less than six hundred dollars ($600) nor more than two
1362	1362	20 thousand one hundred dollars ($2,100), or by both a fine and
1363	1363	21 imprisonment. In addition, on a first conviction, the
1364	1364	22 Secretary of the Alabama State Law Enforcement Agency shall
1365	1365	23 suspend the driving privilege or driver's license of the
1366	1366	24 person convicted for a period of 90 days. The 90-day
1367	1367	25 suspension shall be stayed if the offender elects to have an
1368	1368	26 approved ignition interlock device installed and operating on
1369	1369	27 the designated motor vehicle driven by the offender for 90
1370	1370	Page 51 1 days. The offender shall present proof of installation of the
1371	1371	2 approved ignition interlock device to the Alabama State Law
1372	1372	3 Enforcement Agency and obtain an ignition interlock restricted
1373	1373	4 driver license. The remainder of the suspension shall be
1374	1374	5 commuted upon the successful completion of the elected use,
1375	1375	6 mandated use, or both, of the ignition interlock device. If,
1376	1376	7 on a first conviction, any person refusing to provide a blood
1377	1377	8 alcohol concentration or if a child under the age of 14 years
1378	1378	9 was a passenger in the vehicle at the time of the offense or
1379	1379	10 if someone else besides the offender was injured at the time
1380	1380	11 of the offense, or if the offender is found to have had at
1381	1381	12 least 0.15 percent or more by weight of alcohol in his or her
1382	1382	13 blood while operating or being in actual physical control of a
1383	1383	14 vehicle, the Secretary of the Alabama State Law Enforcement
1384	1384	15 Agency shall suspend the driving privilege or driver's license
1385	1385	16 of the person convicted for a period of 90 days and the person
1386	1386	17 shall be required to have an ignition interlock device
1387	1387	18 installed and operating on the designated motor vehicle driven
1388	1388	19 by the offender for a period of one year from the date of
1389	1389	20 issuance of a driver's license indicating that the person's
1390	1390	21 driving privileges are subject to the condition of the
1391	1391	22 installation and use of a certified ignition interlock device
1392	1392	23 on a motor vehicle. After a minimum of 45 days of the license
1393	1393	24 revocation or suspension pursuant to Section 32-5A-304 or this
1394	1394	25 section, or both, is completed, upon receipt of a court order
1395	1395	26 from the convicting court, upon issuance of an ignition
1396	1396	27 interlock restricted driver license, and upon proof of
1397	1397	Page 52 1 installation of an operational approved ignition interlock
1398	1398	2 device on the designated vehicle of the person convicted, the
1399	1399	3 mandated ignition interlock period of one year provided in
1400	1400	4 this subsection shall start and the suspension period,
1401	1401	5 revocation period, or both, as required under this subsection
1402	1402	6 shall be stayed. The remainder of the driver license
1403	1403	7 revocation period, suspension period, or both, shall be
1404	1404	8 commuted upon the successful completion of the period of time
1405	1405	9 in which the ignition interlock device is mandated to be
1406	1406	10 installed and operational.
1407	1407	11 "(f) On a second conviction, a person convicted of
1408	1408	12 violating this section shall be punished by a fine of not less
1409	1409	13 than one thousand one hundred dollars ($1,100) nor more than
1410	1410	14 five thousand one hundred dollars ($5,100) and by
1411	1411	15 imprisonment, which may include hard labor in the county or
1412	1412	16 municipal jail for not more than one year. The sentence shall
1413	1413	17 include a mandatory sentence, which is not subject to
1414	1414	18 suspension or probation, of imprisonment in the county or
1415	1415	19 municipal jail for not less than five days or community
1416	1416	20 service for not less than 30 days. In addition, the Secretary
1417	1417	21 of the Alabama State Law Enforcement Agency shall revoke the
1418	1418	22 driving privileges or driver's license of the person convicted
1419	1419	23 for a period of one year and the offender shall be required to
1420	1420	24 have an ignition interlock device installed and operating on
1421	1421	25 the designated motor vehicle driven by the offender for a
1422	1422	26 period of two years from the date of issuance of a driver's
1423	1423	27 license indicating that the person's driving privileges are
1424	1424	Page 53 1 subject to the condition of the installation and use of a
1425	1425	2 certified ignition interlock device on a motor vehicle. After
1426	1426	3 a minimum of 45 days of the license revocation or suspension
1427	1427	4 pursuant to Section 32-5A-304, this section, or both, is
1428	1428	5 completed, upon receipt of a court order from the convicting
1429	1429	6 court, upon issuance of an ignition interlock restricted
1430	1430	7 driver license, and upon proof of installation of an
1431	1431	8 operational approved ignition interlock device on the
1432	1432	9 designated vehicle of the person convicted, the mandated
1433	1433	10 ignition interlock period of two years approved in this
1434	1434	11 subsection shall start and the suspension period, revocation
1435	1435	12 period, or both, as required under this subsection shall be
1436	1436	13 stayed. The remainder of the driver license revocation period,
1437	1437	14 suspension period, or both, shall be commuted upon the
1438	1438	15 successful completion of the period of time in which the
1439	1439	16 ignition interlock device is mandated to be installed and
1440	1440	17 operational.
1441	1441	18 "(g) On a third conviction, a person convicted of
1442	1442	19 violating this section shall be punished by a fine of not less
1443	1443	20 than two thousand one hundred dollars ($2,100) nor more than
1444	1444	21 ten thousand one hundred dollars ($10,100) and by
1445	1445	22 imprisonment, which may include hard labor, in the county or
1446	1446	23 municipal jail for not less than 60 days nor more than one
1447	1447	24 year, to include a minimum of 60 days which shall be served in
1448	1448	25 the county or municipal jail and cannot be probated or
1449	1449	26 suspended. In addition, the Secretary of the Alabama State Law
1450	1450	27 Enforcement Agency shall revoke the driving privilege or
1451	1451	Page 54 1 driver's license of the person convicted for a period of three
1452	1452	2 years and the offender shall be required to have an ignition
1453	1453	3 interlock device installed and operating on the designated
1454	1454	4 motor vehicle driven by the offender for a period of three
1455	1455	5 years from the date of issuance of a driver's license
1456	1456	6 indicating that the person's driving privileges are subject to
1457	1457	7 the condition of the installation and use of a certified
1458	1458	8 ignition interlock device on a motor vehicle. After a minimum
1459	1459	9 of 60 days of the license revocation or suspension pursuant to
1460	1460	10 Section 32-5A-304, this section, or both, is completed, upon
1461	1461	11 receipt of a court order from the convicting court, upon
1462	1462	12 issuance of an ignition interlock restricted driver license,
1463	1463	13 and upon proof of installation of an operational approved
1464	1464	14 ignition interlock device on the designated vehicle of the
1465	1465	15 person convicted, the mandated ignition interlock period of
1466	1466	16 three years provided in this subsection shall start and the
1467	1467	17 suspension period, revocation period, or both, as required
1468	1468	18 under this subsection shall be stayed. The remainder of the
1469	1469	19 driver license revocation period, suspension period, or both,
1470	1470	20 shall be commuted upon the successful completion of the period
1471	1471	21 of time in which the ignition interlock device is mandated to
1472	1472	22 be installed and operational.
1473	1473	23 "(h)(1) On a fourth or subsequent conviction, or if
1474	1474	24 the person has a previous felony DUI conviction, a person
1475	1475	25 convicted of violating this section shall be guilty of a Class
1476	1476	26 C felony and punished by a fine of not less than four thousand
1477	1477	27 one hundred dollars ($4,100) nor more than ten thousand one
1478	1478	Page 55 1 hundred dollars ($10,100) and by imprisonment of not less than
1479	1479	2 one year and one day nor more than 10 years. Any term of
1480	1480	3 imprisonment may include hard labor for the county or state,
1481	1481	4 and where imprisonment does not exceed three years,
1482	1482	5 confinement may be in the county jail. Where imprisonment does
1483	1483	6 not exceed one year and one day, confinement shall be in the
1484	1484	7 county jail. The minimum sentence shall include a term of
1485	1485	8 imprisonment for at least one year and one day; provided,
1486	1486	9 however, that there shall be a minimum mandatory sentence of
1487	1487	10 10 days which shall be served in the county jail. The
1488	1488	11 remainder of the sentence may be suspended or probated, but
1489	1489	12 only if, as a condition of probation, the defendant enrolls
1490	1490	13 and successfully completes a state certified chemical
1491	1491	14 dependency program recommended by the court referral officer
1492	1492	15 and approved by the sentencing court. Where probation is
1493	1493	16 granted, the sentencing court may, in its discretion, and
1494	1494	17 where monitoring equipment is available, place the defendant
1495	1495	18 on house arrest under electronic surveillance during the
1496	1496	19 probationary term. In addition to the other penalties
1497	1497	20 authorized, the Secretary of the Alabama State Law Enforcement
1498	1498	21 Agency shall revoke the driving privilege or driver's license
1499	1499	22 of the person convicted for a period of five years and the
1500	1500	23 offender shall be required to have an ignition interlock
1501	1501	24 device installed and operating on the designated motor vehicle
1502	1502	25 driven by the offender for a period of four years from the
1503	1503	26 date of issuance of a driver's license indicating that the
1504	1504	27 person's driving privileges are subject to the condition of
1505	1505	Page 56 1 the installation and use of a certified ignition interlock
1506	1506	2 device on a motor vehicle. After a minimum of one year of the
1507	1507	3 license revocation or suspension pursuant to Section
1508	1508	4 32-5A-304, this section, or both, is completed, upon receipt
1509	1509	5 of a court order from the convicting court, upon issuance of
1510	1510	6 an ignition interlock restricted driver license, and upon
1511	1511	7 proof of installation of an operational approved ignition
1512	1512	8 interlock device on the designated vehicle of the person
1513	1513	9 convicted, the mandated ignition interlock period of four
1514	1514	10 years provided in this subsection shall start and the
1515	1515	11 suspension period, revocation period, or both, as required
1516	1516	12 under this subsection shall be stayed. The remainder of the
1517	1517	13 driver license revocation period, suspension period, or both,
1518	1518	14 shall be commuted upon the successful completion of the period
1519	1519	15 of time in which the ignition interlock device is mandated to
1520	1520	16 be installed and operational.
1521	1521	17 "(2) The Alabama habitual felony offender law shall
1522	1522	18 not apply to a conviction of a felony pursuant to this
1523	1523	19 subsection, and a conviction of a felony pursuant to this
1524	1524	20 subsection shall not be a felony conviction for purposes of
1525	1525	21 the enhancement of punishment pursuant to Alabama's habitual
1526	1526	22 felony offender law. However, prior Prior misdemeanor or
1527	1527	23 felony convictions for driving under the influence may be
1528	1528	24 considered as part of the sentencing calculations or
1529	1529	25 determinations under the Alabama Sentencing Guidelines or
1530	1530	26 rules promulgated adopted by the Alabama Sentencing
1531	1531	27 Commission.
1532	1532	Page 57 1 "(i) When any person convicted of violating this
1533	1533	2 section is found to have had at least 0.15 percent or more by
1534	1534	3 weight of alcohol in his or her blood while operating or being
1535	1535	4 in actual physical control of a vehicle, he or she shall be
1536	1536	5 sentenced to at least double the minimum punishment that the
1537	1537	6 person would have received if he or she had had less than 0.15
1538	1538	7 percent by weight of alcohol in his or her blood. This
1539	1539	8 subsection does not apply to the duration of time an ignition
1540	1540	9 interlock device is required by this section. If the
1541	1541	10 adjudicated offense is a misdemeanor, the minimum punishment
1542	1542	11 shall be imprisonment for one year, all of which may be
1543	1543	12 suspended except as otherwise provided for in subsections (f)
1544	1544	13 and (g).
1545	1545	14 "(j) When any person over the age of 21 years is
1546	1546	15 convicted of violating this section and it is found that a
1547	1547	16 child under the age of 14 years was a passenger in the vehicle
1548	1548	17 at the time of the offense, the person shall be sentenced to
1549	1549	18 at least double the minimum punishment that the person would
1550	1550	19 have received if the child had not been a passenger in the
1551	1551	20 motor vehicle. This subsection does not apply to the duration
1552	1552	21 of time an ignition interlock device is required by this
1553	1553	22 section.
1554	1554	23 "(k)(1) In addition to the penalties provided
1555	1555	24 herein, any person convicted of violating this section shall
1556	1556	25 be referred to the court referral officer for evaluation and
1557	1557	26 referral to appropriate community resources. The defendant
1558	1558	27 shall, at a minimum, be required to complete a DUI or
1559	1559	Page 58 1 substance abuse court referral program approved by the
1560	1560	2 Administrative Office of Courts and operated in accordance
1561	1561	3 with provisions of the Mandatory Treatment Act of 1990,
1562	1562	4 Sections 12-23-1 to 12-23-19, inclusive. The Alabama State Law
1563	1563	5 Enforcement Agency shall not reissue a driver's license to a
1564	1564	6 person convicted under this section without receiving proof
1565	1565	7 that the defendant has successfully completed the required
1566	1566	8 program.
1567	1567	9 "(2) Upon conviction, the court shall notify the
1568	1568	10 Alabama State Law Enforcement Agency if the person convicted
1569	1569	11 is required to install and maintain an approved ignition
1570	1570	12 interlock device. The agency shall suspend or revoke a
1571	1571	13 person's driving privileges until completion of the mandatory
1572	1572	14 suspension or revocation period required by this section, and
1573	1573	15 clearance of all other suspensions, revocations,
1574	1574	16 cancellations, or denials, and proof of installation of an
1575	1575	17 approved ignition interlock device is presented to the agency.
1576	1576	18 The agency shall not reissue a driver's license to a person
1577	1577	19 who has been ordered by a court or is required by law to have
1578	1578	20 the ignition interlock device installed until proof is
1579	1579	21 presented that the person is eligible for reinstatement of
1580	1580	22 driving privileges. Upon presentation of proof and compliance
1581	1581	23 with all ignition interlock requirements, the agency shall
1582	1582	24 issue a driver's license with a restriction indicating that
1583	1583	25 the licensee may operate a motor vehicle only with the
1584	1584	26 certified ignition interlock device installed and properly
1585	1585	27 operating. If the licensee fails to maintain the approved
1586	1586	Page 59 1 ignition interlock device as required or is otherwise not in
1587	1587	2 compliance with any order of the court, the court shall notify
1588	1588	3 the agency of the noncompliance and the agency shall suspend
1589	1589	4 the person's driving privileges until the agency receives
1590	1590	5 notification from the court that the licensee is in
1591	1591	6 compliance. The requirement that the licensee use the ignition
1592	1592	7 interlock device may be removed only when the court of
1593	1593	8 conviction confirms to the agency that the licensee is no
1594	1594	9 longer subject to the ignition interlock device requirement.
1595	1595	10 "(l) Neither reckless driving nor any other traffic
1596	1596	11 infraction is a lesser included offense under a charge of
1597	1597	12 driving under the influence of alcohol or of a controlled
1598	1598	13 substance.
1599	1599	14 "(m)(1) Except for fines collected for violations of
1600	1600	15 this section charged pursuant to a municipal ordinance, fines
1601	1601	16 collected for violations of this section shall be deposited to
1602	1602	17 the State General Fund; however, beginning October 1, 1995, of
1603	1603	18 any amount collected over two hundred fifty dollars ($250) for
1604	1604	19 a first conviction, over five hundred dollars ($500) for a
1605	1605	20 second conviction within 10 years, over one thousand dollars
1606	1606	21 ($1,000) for a third conviction within 10 years, and over two
1607	1607	22 thousand dollars ($2,000) for a fourth or subsequent
1608	1608	23 conviction within 10 years, the first one hundred dollars
1609	1609	24 ($100) of that additional amount shall be deposited to the
1610	1610	25 Alabama Chemical Testing Training and Equipment Trust Fund,
1611	1611	26 after three percent of the one hundred dollars ($100) is
1612	1612	27 deducted for administrative costs, and beginning October 1,
1613	1613	Page 60 1 1997, and thereafter, the second one hundred dollars ($100) of
1614	1614	2 that additional amount shall be deposited in the Alabama Head
1615	1615	3 and Spinal Cord Injury Trust Fund after deducting five percent
1616	1616	4 of the one hundred dollars ($100) for administrative costs and
1617	1617	5 the remainder of the funds shall be deposited to the State
1618	1618	6 General Fund.
1619	1619	7 "(2) Fines collected for violations of this section
1620	1620	8 charged pursuant to a municipal ordinance where the total fine
1621	1621	9 is paid at one time shall be deposited as follows: The first
1622	1622	10 three hundred fifty dollars ($350) collected for a first
1623	1623	11 conviction, the first six hundred dollars ($600) collected for
1624	1624	12 a second conviction within 10 years, the first one thousand
1625	1625	13 one hundred dollars ($1,100) collected for a third conviction,
1626	1626	14 and the first two thousand one hundred dollars ($2,100)
1627	1627	15 collected for a fourth or subsequent conviction shall be
1628	1628	16 deposited to the State Treasury with the first one hundred
1629	1629	17 dollars ($100) collected for each conviction credited to the
1630	1630	18 Alabama Chemical Testing Training and Equipment Trust Fund and
1631	1631	19 the second one hundred dollars ($100) to the Alabama Head and
1632	1632	20 Spinal Cord Injury Trust Fund after deducting five percent of
1633	1633	21 the one hundred dollars ($100) for administrative costs and
1634	1634	22 depositing this amount in the general fund of the
1635	1635	23 municipality, and the balance credited to the State General
1636	1636	24 Fund. Any amounts collected over these amounts shall be
1637	1637	25 deposited as otherwise provided by law.
1638	1638	26 "(3) Fines collected for violations of this section
1639	1639	27 charged pursuant to a municipal ordinance, where the fine is
1640	1640	Page 61 1 paid on a partial or installment basis, shall be deposited as
1641	1641	2 follows: The first two hundred dollars ($200) of the fine
1642	1642	3 collected for any conviction shall be deposited to the State
1643	1643	4 Treasury with the first one hundred dollars ($100) collected
1644	1644	5 for any conviction credited to the Alabama Chemical Testing
1645	1645	6 Training and Equipment Trust Fund and the second one hundred
1646	1646	7 dollars ($100) for any conviction credited to the Alabama Head
1647	1647	8 and Spinal Cord Injury Trust Fund after deducting five percent
1648	1648	9 of the one hundred dollars ($100) for administrative costs and
1649	1649	10 depositing this amount in the general fund of the
1650	1650	11 municipality. The second three hundred dollars ($300) of the
1651	1651	12 fine collected for a first conviction, the second eight
1652	1652	13 hundred dollars ($800) collected for a second conviction, the
1653	1653	14 second one thousand eight hundred dollars ($1,800) collected
1654	1654	15 for a third conviction, and the second three thousand eight
1655	1655	16 hundred dollars ($3,800) collected for a fourth conviction
1656	1656	17 shall be divided with 50 percent of the funds collected to be
1657	1657	18 deposited to the State Treasury to be credited to the State
1658	1658	19 General Fund and 50 percent deposited as otherwise provided by
1659	1659	20 law for municipal ordinance violations. Any amounts collected
1660	1660	21 over these amounts shall be deposited as otherwise provided by
1661	1661	22 law for municipal ordinance violations.
1662	1662	23 "(4) Notwithstanding any provision of law to the
1663	1663	24 contrary, 90 percent of any fine assessed and collected for
1664	1664	25 any DUI offense charged by municipal ordinance violation in
1665	1665	26 district or circuit court shall be computed only on the amount
1666	1666	27 assessed over the minimum fine authorized, and upon collection
1667	1667	Page 62 1 shall be distributed to the municipal general fund with the
1668	1668	2 remaining 10 percent distributed to the State General Fund.
1669	1669	3 "(5) In addition to fines imposed pursuant to this
1670	1670	4 subsection, a mandatory fee of one hundred dollars ($100)
1671	1671	5 shall be collected from any individual who successfully
1672	1672	6 completes any pretrial diversion or deferral program in any
1673	1673	7 municipal, district, or circuit court where the individual was
1674	1674	8 charged with a violation of this section or a corresponding
1675	1675	9 municipal ordinance. The one hundred dollars ($100) shall be
1676	1676	10 deposited into the Alabama Chemical Testing Training and
1677	1677	11 Equipment Fund.
1678	1678	12 "(6) In addition to the fines and fees imposed
1679	1679	13 pursuant to this subsection, a mandatory fee of one hundred
1680	1680	14 dollars ($100) shall be collected from any individual who
1681	1681	15 successfully completes any pretrial diversion or deferral
1682	1682	16 program in any municipal, district, or circuit court where the
1683	1683	17 individual was charged with a violation of this section or a
1684	1684	18 corresponding municipal ordinance. The one hundred dollars
1685	1685	19 ($100) shall be deposited into the Alabama Head and Spinal
1686	1686	20 Cord Injury Trust Fund.
1687	1687	21 "(n)(1) A person who has been arrested for violating
1688	1688	22 this section shall not be released from jail under bond or
1689	1689	23 otherwise, until there is less than the same percent by weight
1690	1690	24 of alcohol in his or her blood as specified in subsection
1691	1691	25 (a)(1) or, in the case of a person who is under the age of 21
1692	1692	26 years, subsection (b) hereof.
1693	1693	Page 63 1 "(2) A judge may require an offender to install and
1694	1694	2 use a certified ignition interlock device as a condition of
1695	1695	3 bond. In that instance, the Secretary of the Alabama State Law
1696	1696	4 Enforcement Agency shall issue the offender a restricted
1697	1697	5 driver's license indicating the person's driving privileges
1698	1698	6 are subject to the condition of the installation and use of a
1699	1699	7 certified ignition interlock device on a motor vehicle. Any
1700	1700	8 driver's license suspension or revocation period pursuant to
1701	1701	9 Section 32-5A-304 shall be stayed during the period the
1702	1702	10 offender is under the bond condition. The period of time the
1703	1703	11 offender has the ignition interlock device installed as a
1704	1704	12 condition of bond shall not be credited to any requirement to
1705	1705	13 have an ignition interlock device upon conviction.
1706	1706	14 "(o) Upon verification that a defendant arrested
1707	1707	15 pursuant to this section is currently on probation from
1708	1708	16 another court of this state as a result of a conviction for
1709	1709	17 any criminal offense, the prosecutor shall provide written or
1710	1710	18 oral notification of the defendant's subsequent arrest and
1711	1711	19 pending prosecution to the court in which the prior conviction
1712	1712	20 occurred.
1713	1713	21 "(p)(1) Except as provided in subdivision (2), a
1714	1714	22 prior conviction for driving under the influence from this
1715	1715	23 state, a municipality within this state, or another state or
1716	1716	24 territory or a municipality of another state or territory
1717	1717	25 shall be considered by a court for imposing a sentence
1718	1718	26 pursuant to this section if the prior conviction occurred
1719	1719	27 within 10 years of the date of the current offense.
1720	1720	Page 64 1 "(2) If the person has a previous felony DUI
1721	1721	2 conviction, then all of the person's subsequent DUI
1722	1722	3 convictions shall be treated as felonies regardless of the
1723	1723	4 date of the previous felony DUI conviction.
1724	1724	5 "(q) Any person convicted of driving under the
1725	1725	6 influence of alcohol, or a controlled substance, or both, or
1726	1726	7 any substance which impairs the mental or physical faculties
1727	1727	8 in violation of this section, a municipal ordinance adopting
1728	1728	9 this section, or a similar law from another state or territory
1729	1729	10 or a municipality of another state or territory more than once
1730	1730	11 in a 10-year period shall have his or her motor vehicle
1731	1731	12 registration for all vehicles owned by the repeat offender
1732	1732	13 suspended by the Alabama Department of Revenue for the
1733	1733	14 duration of the offender's driver's license suspension period,
1734	1734	15 unless such action would impose an undue hardship to any
1735	1735	16 individual, not including the repeat offender, who is
1736	1736	17 completely dependent on the motor vehicle for the necessities
1737	1737	18 of life, including any family member of the repeat offender
1738	1738	19 and any co-owner of the vehicle or, in the case of a repeat
1739	1739	20 offender, if the repeat offender has a functioning ignition
1740	1740	21 interlock device installed on the designated vehicle for the
1741	1741	22 duration of the offender's driver's license suspension period.
1742	1742	23 "(r)(1) Any person ordered by the court to have an
1743	1743	24 ignition interlock device installed on a designated vehicle,
1744	1744	25 and any person who elects to have the ignition interlock
1745	1745	26 device installed on a designated vehicle for the purpose of
1746	1746	27 reducing a period of suspension or revocation of his or her
1747	1747	Page 65 1 driver's license, shall pay to the court, following his or her
1748	1748	2 conviction, two hundred dollars ($200), which may be paid in
1749	1749	3 installments and which shall be divided as follows:
1750	1750	4 "a. Seventeen percent to the Alabama Interlock
1751	1751	5 Indigent Fund.
1752	1752	6 "b. For cases in the district or circuit court, 30
1753	1753	7 percent to the State Judicial Administration Fund administered
1754	1754	8 by the Administrative Office of Courts and for cases in the
1755	1755	9 municipal court, 30 percent to the municipal judicial
1756	1756	10 administration fund of the municipality where the municipal
1757	1757	11 court is located to be used for the operation of the municipal
1758	1758	12 court.
1759	1759	13 "c. Thirty percent to the Highway Traffic Safety
1760	1760	14 Fund administered by the Alabama State Law Enforcement Agency.
1761	1761	15 "d. Twenty-three percent to the District Attorney's
1762	1762	16 Solicitor Fund.
1763	1763	17 "(2) In addition to paying the court clerk the fee
1764	1764	18 required above following the conviction or the voluntary
1765	1765	19 installation of the ignition interlock device, the defendant
1766	1766	20 shall pay all costs associated with the installation,
1767	1767	21 purchase, maintenance, or lease of the ignition interlock
1768	1768	22 devices to an approved ignition interlock provider pursuant to
1769	1769	23 the rules of the Department of Forensic Sciences, unless the
1770	1770	24 defendant is subject to Section 32-5A-191.4(i)(4).
1771	1771	25 "(s) The defendant shall designate the vehicle to be
1772	1772	26 used by identifying the vehicle by the vehicle identification
1773	1773	27 number to the court. The defendant, at his or her own expense,
1774	1774	Page 66 1 may designate additional motor vehicles on which an ignition
1775	1775	2 interlock device may be installed for the use of the
1776	1776	3 defendant.
1777	1777	4 "(t)(1) Any person who is required to comply with
1778	1778	5 the ignition interlock provisions of this section as a
1779	1779	6 condition of restoration or reinstatement of his or her
1780	1780	7 driver's license, shall only operate the designated vehicle
1781	1781	8 equipped with a functioning ignition interlock device for the
1782	1782	9 period of time consistent with the offense for which he or she
1783	1783	10 was convicted as provided for in this section.
1784	1784	11 "(2) The duration of the time an ignition interlock
1785	1785	12 device is required by this section shall be one year if the
1786	1786	13 offender refused the prescribed chemical test for
1787	1787	14 intoxication.
1788	1788	15 "(u)(1) The Alabama State Law Enforcement Agency may
1789	1789	16 set a fee of not more than one hundred fifty dollars ($150)
1790	1790	17 for the issuance of a driver's license indicating that the
1791	1791	18 person's driving privileges are subject to the condition of
1792	1792	19 the installation and use of a certified ignition interlock
1793	1793	20 device on a motor vehicle. Fifteen percent of the fee shall be
1794	1794	21 distributed to the general fund of the county where the person
1795	1795	22 was convicted to be utilized for law enforcement purposes.
1796	1796	23 Eighty-five percent shall be distributed to the State General
1797	1797	24 Fund. In addition, at the end of the time the person's driving
1798	1798	25 privileges are subject to the above conditions, the agency
1799	1799	26 shall set a fee of not more than seventy-five dollars ($75) to
1800	1800	Page 67 1 reissue a regular driver's license. The fee shall be deposited
1801	1801	2 as provided in Sections 32-6-5, 32-6-6, and 32-6-6.1.
1802	1802	3 "(2) The defendant shall provide proof of
1803	1803	4 installation of an approved ignition interlock device to the
1804	1804	5 Alabama State Law Enforcement Agency as a condition of the
1805	1805	6 issuance of a restricted driver's license.
1806	1806	7 "(3) Any ignition interlock driving violation
1807	1807	8 committed by the offender during the mandated ignition
1808	1808	9 interlock period shall extend the duration of ignition
1809	1809	10 interlock use for six months. Ignition interlock driving
1810	1810	11 violations include any of the following:
1811	1811	12 "a. A breath sample at or above a minimum blood
1812	1812	13 alcohol concentration level of 0.02 recorded four or more
1813	1813	14 times during the monthly reporting period unless a subsequent
1814	1814	15 test performed within 10 minutes registers a breath alcohol
1815	1815	16 concentration lower than 0.02.
1816	1816	17 "b. Any tampering, circumvention, or bypassing of
1817	1817	18 the ignition interlock device, or attempt thereof.
1818	1818	19 "c. Failure to comply with the servicing or
1819	1819	20 calibration requirements of the ignition interlock device
1820	1820	21 every 30 days.
1821	1821	22 "(v) Nothing in this section and Section 32-5A-191.4
1822	1822	23 shall require an employer to install an ignition interlock
1823	1823	24 device in a vehicle owned or operated by the employer for use
1824	1824	25 by an employee required to use the device as a condition of
1825	1825	26 driving pursuant to this section and Section 32-5A-191.4.
1826	1826	Page 68 1 "(w) The provisions in this section and Section
1827	1827	2 32-5A-191.4 relating to ignition interlock devices shall not
1828	1828	3 apply to persons who commit violations of this section while
1829	1829	4 under 19 years of age and who are adjudicated in juvenile
1830	1830	5 court, unless specifically ordered otherwise by the court.
1831	1831	6 "(x)(1) The amendatory language in Act 2014-222 to
1832	1832	7 this section, authorizing the Alabama State Law Enforcement
1833	1833	8 Agency to stay a driver's license suspension or revocation
1834	1834	9 upon compliance with the ignition interlock requirement shall
1835	1835	10 apply retroactively if any of the following occurs:
1836	1836	11 "a. The offender files an appeal with the court of
1837	1837	12 jurisdiction requesting all prior suspensions or revocation,
1838	1838	13 or both, be stayed upon compliance with the ignition interlock
1839	1839	14 requirement.
1840	1840	15 "b. The offender wins appeal with the court of
1841	1841	16 jurisdiction relating to this section.
1842	1842	17 "c. The court of jurisdiction notifies the Alabama
1843	1843	18 State Law Enforcement Agency that the offender is eligible to
1844	1844	19 have the driver's license stayed.
1845	1845	20 "d. The Alabama State Law Enforcement Agency issues
1846	1846	21 an ignition interlock restricted driver's license.
1847	1847	22 "e. The offender remains in compliance of ignition
1848	1848	23 interlock requirements.
1849	1849	24 "(2) The remainder of the driver license revocation,
1850	1850	25 suspension, or both, shall be commuted upon the successful
1851	1851	26 completion of the period of time in which the ignition
1852	1852	27 interlock device is mandated to be installed and operational.
1853	1853	Page 69 1 "(y) Pursuant to Section 15-22-54, the maximum
1854	1854	2 probation period for persons convicted under this section
1855	1855	3 shall be extended until all ignition interlock requirements
1856	1856	4 have been completed by the offender.
1857	1857	5 "(z) Notwithstanding the ignition interlock
1858	1858	6 requirements of this section, no person may be required to
1859	1859	7 install an ignition interlock device if there is not a
1860	1860	8 certified ignition interlock provider available within a 50
1861	1861	9 mile radius of his or her place of residence or place of
1862	1862	10 business or employment."
1863	1863	11 Section 4. Sections 13A-5-9 and 13A-5-10 of the Code
1864	1864	12 of Alabama 1975, relating to the habitual felony offender act,
1865	1865	13 are repealed.
1866	1866	14 Section 5. Section 13A-5-14 is added to the Code of
1867	1867	15 Alabama 1975, to read as follows:
1868	1868	16 §13A-5-14.
1869	1869	17 (a) Any defendant who is currently in the custody of
1870	1870	18 or under the supervision of the Department of Corrections, the
1871	1871	19 Board of Pardons and Paroles, or the court, for an offense
1872	1872	20 where he or she was sentenced pursuant to the Habitual Felony
1873	1873	21 Offender Act, Sections 13A-5-9 and 13A-5-10, prior to the
1874	1874	22 effective date of this act, shall be resentenced pursuant to
1875	1875	23 the sentencing standards in place at the time of the
1876	1876	24 resentencing.
1877	1877	25 (b) The venue for resentencing shall be the criminal
1878	1878	26 division of the circuit court in the county in which the
1879	1879	27 defendant was convicted.
1880	1880	Page 70 1 (c) The original sentencing judge, or the presiding
1881	1881	2 circuit judge if the sentencing judge is no longer in office,
1882	1882	3 on motion of the defendant, the Department of Corrections, a
1883	1883	4 prosecuting attorney, or the court, shall resentence any
1884	1884	5 defendant who is eligible to be resentenced pursuant to this
1885	1885	6 section. The court shall set a hearing, as soon as
1886	1886	7 practicable, to resentence the defendant.
1887	1887	8 Section 6. Although this bill would have as its
1888	1888	9 purpose or effect the requirement of a new or increased
1889	1889	10 expenditure of local funds, the bill is excluded from further
1890	1890	11 requirements and application under Amendment 621, as amended
1891	1891	12 by Amendment 890, now appearing as Section 111.05 of the
1892	1892	13 Official Recompilation of the Constitution of Alabama of 1901,
1893	1893	14 as amended, because the bill defines a new crime or amends the
1894	1894	15 definition of an existing crime.
1895	1895	16 Section 7. This act shall become effective
1896	1896	17 immediately following its passage and approval by the
1897	1897	18 Governor, or its otherwise becoming law.
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