AL
Alabama House Bill HB2

Alabama 2023 Regular Session

Alabama House Bill HB2 Compare Versions

Only one version of the bill is available at this time.
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33 SYNOPSIS:
44 Under existing law, a person who has been
55 charged with driving under the influence and who
66 participates in a pretrial diversion program or similar
77 program is required to install an ignition interlock
88 device on his or her vehicle for a minimum of six
99 months or the duration of the program, whichever is
1010 greater. This provision will no longer be a requirement
1111 as of July 1, 2023.
1212 This bill would preserve the requirements
1313 currently in law, continuing the requirement that a
1414 person charged with driving under the influence and who
1515 participates in a pretrial diversion program or similar
1616 program be required to install an ignition interlock
1717 device on his or her vehicle for six months or the
1818 duration of the program, whichever is greater.
1919 Section 111.05 of the Constitution of Alabama of
2020 2022, prohibits a general law whose purpose or effect
2121 would be to require a new or increased expenditure of
2222 local funds from becoming effective with regard to a
2323 local governmental entity without enactment by a 2/3
2424 vote unless: it comes within one of a number of
2525 specified exceptions; it is approved by the affected
2626 entity; or the Legislature appropriates funds, or
2727 provides a local source of revenue, to the entity for
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5656 the purpose.
5757 The purpose or effect of this bill would be to
5858 require a new or increased expenditure of local funds
5959 within the meaning of the amendment. However, the bill
6060 does not require approval of a local governmental
6161 entity or enactment by a 2/3 vote to become effective
6262 because it comes within one of the specified exceptions
6363 contained in the amendment.
6464 A BILL
6565 TO BE ENTITLED
6666 AN ACT
6767 Relating to persons charged with driving under the
6868 influence; to amend Section 32-5A-191, Code of Alabama 1975,
6969 effective July 1, 2023, to continue the requirement that a
7070 person charged with driving under the influence and who enters
7171 a pretrial diversion program or similar program be required to
7272 install an ignition interlock device on his or her vehicle for
7373 six months or the duration of the program, whichever is
7474 greater; and in connection therewith would have as its purpose
7575 or effect the requirement of a new or increased expenditure of
7676 local funds within the meaning of Section 111.05 of the
7777 Constitution of Alabama of 2022.
7878 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7979 Section 1. Section 32-5A-191, Code of Alabama 1975,
8080 effective July 1, 2023, is amended to read as follows:
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109109 "ยง32-5A-191
110110 (a) A person shall not drive or be in actual physical
111111 control of any vehicle while:
112112 (1) There is 0.08 percent or more by weight of alcohol
113113 in his or her blood;
114114 (2) Under the influence of alcohol;
115115 (3) Under the influence of a controlled substance to a
116116 degree which renders him or her incapable of safely driving;
117117 (4) Under the combined influence of alcohol and a
118118 controlled substance to a degree which renders him or her
119119 incapable of safely driving; or
120120 (5) Under the influence of any substance which impairs
121121 the mental or physical faculties of such person to a degree
122122 which renders him or her incapable of safely driving.
123123 (b) A person who is under the age of 21 years shall not
124124 drive or be in actual physical control of any vehicle if there
125125 is 0.02 percent or more by weight of alcohol in his or her
126126 blood. The Alabama State Law Enforcement Agency shall suspend
127127 or revoke the driver's license of any person, including, but
128128 not limited to, a juvenile, child, or youthful offender,
129129 convicted or adjudicated of, or subjected to a finding of,
130130 delinquency based on this subsection. Notwithstanding the
131131 foregoing, upon the first violation of this subsection by a
132132 person whose blood alcohol level is between 0.02 and 0.08, the
133133 person's driver's license or driving privilege shall be
134134 suspended for a period of 30 days in lieu of any penalties
135135 provided in subsection (e) of this section, and there shall be
136136 no disclosure, other than to courts, law enforcement agencies,
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165165 the person's attorney of record, and the person's employer, by
166166 any entity or person of any information, documents, or records
167167 relating to the person's arrest, conviction, or adjudication
168168 of or finding of delinquency based on this subsection.
169169 All persons, except as otherwise provided in this
170170 subsection for a first offense, including, but not limited to,
171171 a juvenile, child, or youthful offender, convicted or
172172 adjudicated of or subjected to a finding of delinquency based
173173 on this subsection shall be fined pursuant to this section,
174174 notwithstanding any other law to the contrary, and the person
175175 shall also be required to attend and complete a DUI or
176176 substance abuse court referral program in accordance with
177177 subsection (k).
178178 (c)(1) A school bus or day care driver shall not drive
179179 or be in actual physical control of any vehicle while in
180180 performance of his or her duties if there is greater than 0.02
181181 percent by weight of alcohol in his or her blood. A person
182182 convicted pursuant to this subsection shall be subject to the
183183 penalties provided by this section, except that on the first
184184 conviction the Secretary of the Alabama State Law Enforcement
185185 Agency shall suspend the driving privilege or driver's license
186186 for a period of one year.
187187 (2) A person shall not drive or be in actual physical
188188 control of a commercial motor vehicle, as defined in 49 CFR
189189 Part 383.5 of the Federal Motor Carrier Safety Regulations as
190190 adopted pursuant to Section 32-9A-2, if there is 0.04 percent
191191 or greater by weight of alcohol in his or her blood.
192192 Notwithstanding the other provisions of this section, the
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221221 commercial driver's license or commercial driving privilege of
222222 a person convicted of violating this subdivision shall be
223223 disqualified for the period provided in accordance with 49 CFR
224224 Part 383.51, as applicable, and the person's regular driver's
225225 license or privilege to drive a regular motor vehicle shall be
226226 governed by the remainder of this section if the person is
227227 guilty of a violation of another provision of this section.
228228 (3) Any commutation of suspension or revocation time as
229229 it relates to a court order, approval, and installation of an
230230 ignition interlock device shall not apply to commercial
231231 driving privileges or disqualifications.
232232 (d) The fact that any person charged with violating
233233 this section is or has been legally entitled to use alcohol or
234234 a controlled substance shall not constitute a defense against
235235 any charge of violating this section.
236236 (e) Upon first conviction, a person violating this
237237 section shall be punished by imprisonment in the county or
238238 municipal jail for not more than one year, or by fine of not
239239 less than six hundred dollars ($600) nor more than two
240240 thousand one hundred dollars ($2,100), or by both a fine and
241241 imprisonment. In addition, on a first conviction, the
242242 Secretary of the Alabama State Law Enforcement Agency shall
243243 suspend the driving privilege or driver's license of the
244244 person convicted for a period of 90 days. The 90-day
245245 suspension shall be stayed if the offender elects to have an
246246 approved ignition interlock device installed and operating on
247247 the designated motor vehicle driven by the offender for 90
248248 days. The offender shall present proof of installation of the
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277277 approved ignition interlock device to the Alabama State Law
278278 Enforcement Agency and obtain an ignition interlock restricted
279279 driver license. The remainder of the suspension shall be
280280 commuted upon the successful completion of the elected use,
281281 mandated use, or both, of the ignition interlock device. If,
282282 on a first conviction, any person refusing to provide a blood
283283 alcohol concentration or if a child under the age of 14 years
284284 was a passenger in the vehicle at the time of the offense or
285285 if someone else besides the offender was injured at the time
286286 of the offense, or if the offender is found to have had at
287287 least 0.15 percent or more by weight of alcohol in his or her
288288 blood while operating or being in actual control of a vehicle,
289289 the Secretary of the Alabama State Law Enforcement Agency
290290 shall suspend the driving privilege or driver's license of the
291291 person convicted for a period of 90 days and the person shall
292292 be required to have an ignition interlock device installed and
293293 operating on the designated motor vehicle driven by the
294294 offender for a period of one year from the date of issuance of
295295 a driver's license indicating that the person's driving
296296 privileges are subject to the condition of the installation
297297 and use of a certified ignition interlock device on a motor
298298 vehicle. After a minimum of 45 days of the license revocation
299299 or suspension pursuant to Section 32-5A-304 or this section,
300300 or both, is completed, upon receipt of a court order from the
301301 convicting court, upon issuance of an ignition interlock
302302 restricted driver license, and upon proof of installation of
303303 an operational approved ignition interlock device on the
304304 designated vehicle of the person convicted, the mandated
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333333 ignition interlock period of one year provided in this
334334 subsection shall start and the suspension period, revocation
335335 period, or both, as required under this subsection shall be
336336 stayed. The remainder of the driver license revocation period,
337337 suspension period, or both, shall be commuted upon the
338338 successful completion of the period of time in which the
339339 ignition interlock device is mandated to be installed and
340340 operational.
341341 (f) On a second conviction, a person convicted of
342342 violating this section shall be punished by a fine of not less
343343 than one thousand one hundred dollars ($1,100) nor more than
344344 five thousand one hundred dollars ($5,100) and by
345345 imprisonment, which may include hard labor in the county or
346346 municipal jail for not more than one year. The sentence shall
347347 include a mandatory sentence, which is not subject to
348348 suspension or probation, of imprisonment in the county or
349349 municipal jail for not less than five days or community
350350 service for not less than 30 days. In addition, the Secretary
351351 of the Alabama State Law Enforcement Agency shall revoke the
352352 driving privileges or driver's license of the person convicted
353353 for a period of one year and the offender shall be required to
354354 have an ignition interlock device installed and operating on
355355 the designated motor vehicle driven by the offender for a
356356 period of two years from the date of issuance of a driver's
357357 license indicating that the person's driving privileges are
358358 subject to the condition of the installation and use of a
359359 certified ignition interlock device on a motor vehicle. After
360360 a minimum of 45 days of the license revocation or suspension
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389389 pursuant to Section 32-5A-304, this section, or both, is
390390 completed, upon receipt of a court order from the convicting
391391 court, upon issuance of an ignition interlock restricted
392392 driver license, and upon proof of installation of an
393393 operational approved ignition interlock device on the
394394 designated vehicle of the person convicted, the mandated
395395 ignition interlock period of two years approved in this
396396 subsection shall start and the suspension period, revocation
397397 period, or both, as required under this subsection shall be
398398 stayed. The remainder of the driver license revocation period,
399399 suspension period, or both, shall be commuted upon the
400400 successful completion of the period of time in which the
401401 ignition interlock device is mandated to be installed and
402402 operational.
403403 (g) On a third conviction, a person convicted of
404404 violating this section shall be punished by a fine of not less
405405 than two thousand one hundred dollars ($2,100) nor more than
406406 ten thousand one hundred dollars ($10,100) and by
407407 imprisonment, which may include hard labor, in the county or
408408 municipal jail for not less than 60 days nor more than one
409409 year, to include a minimum of 60 days which shall be served in
410410 the county or municipal jail and cannot be probated or
411411 suspended. In addition, the Secretary of the Alabama State Law
412412 Enforcement Agency shall revoke the driving privilege or
413413 driver's license of the person convicted for a period of three
414414 years and the offender shall be required to have an ignition
415415 interlock device installed and operating on the designated
416416 motor vehicle driven by the offender for a period of three
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445445 years from the date of issuance of a driver's license
446446 indicating that the person's driving privileges are subject to
447447 the condition of the installation and use of a certified
448448 ignition interlock device on a motor vehicle. After a minimum
449449 of 60 days of the license revocation or suspension pursuant to
450450 Section 32-5A-304, this section, or both, is completed, upon
451451 receipt of a court order from the convicting court, upon
452452 issuance of an ignition interlock restricted driver license,
453453 and upon proof of installation of an operational approved
454454 ignition interlock device on the designated vehicle of the
455455 person convicted, the mandated ignition interlock period of
456456 three years provided in this subsection shall start and the
457457 suspension period, revocation period, or both, as required
458458 under this subsection shall be stayed. The remainder of the
459459 driver license revocation period, suspension period, or both,
460460 shall be commuted upon the successful completion of the period
461461 of time in which the ignition interlock device is mandated to
462462 be installed and operational.
463463 (h) On a fourth or subsequent conviction, or if the
464464 person has a previous felony DUI conviction, a person
465465 convicted of violating this section shall be guilty of a Class
466466 C felony and punished by a fine of not less than four thousand
467467 one hundred dollars ($4,100) nor more than ten thousand one
468468 hundred dollars ($10,100) and by imprisonment of not less than
469469 one year and one day nor more than 10 years. Any term of
470470 imprisonment may include hard labor for the county or state,
471471 and where imprisonment does not exceed three years,
472472 confinement may be in the county jail. Where imprisonment does
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501501 not exceed one year and one day, confinement shall be in the
502502 county jail. The minimum sentence shall include a term of
503503 imprisonment for at least one year and one day; provided,
504504 however, that there shall be a minimum mandatory sentence of
505505 10 days which shall be served in the county jail. The
506506 remainder of the sentence may be suspended or probated, but
507507 only if, as a condition of probation, the defendant enrolls
508508 and successfully completes a state certified chemical
509509 dependency program recommended by the court referral officer
510510 and approved by the sentencing court. Where probation is
511511 granted, the sentencing court may, in its discretion, and
512512 where monitoring equipment is available, place the defendant
513513 on house arrest under electronic surveillance during the
514514 probationary term. In addition to the other penalties
515515 authorized, the Secretary of the Alabama State Law Enforcement
516516 Agency shall revoke the driving privilege or driver's license
517517 of the person convicted for a period of five years and the
518518 offender shall be required to have an ignition interlock
519519 device installed and operating on the designated motor vehicle
520520 driven by the offender for a period of four years from the
521521 date of issuance of a driver's license indicating that the
522522 person's driving privileges are subject to the condition of
523523 the installation and use of a certified ignition interlock
524524 device on a motor vehicle. After a minimum of one year of the
525525 license revocation or suspension pursuant to Section
526526 32-5A-304, this section, or both, is completed, upon receipt
527527 of a court order from the convicting court, upon issuance of
528528 an ignition interlock restricted driver license, and upon
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557557 proof of installation of an operational approved ignition
558558 interlock device on the designated vehicle of the person
559559 convicted, the mandated ignition interlock period of four
560560 years provided in this subsection shall start and the
561561 suspension period, revocation period, or both, as required
562562 under this subsection shall be stayed. The remainder of the
563563 driver license revocation period, suspension period, or both,
564564 shall be commuted upon the successful completion of the period
565565 of time in which the ignition interlock device is mandated to
566566 be installed and operational.
567567 The Alabama habitual felony offender law shall not
568568 apply to a conviction of a felony pursuant to this subsection,
569569 and a conviction of a felony pursuant to this subsection shall
570570 not be a felony conviction for purposes of the enhancement of
571571 punishment pursuant to Alabama's habitual felony offender law.
572572 However, prior misdemeanor or felony convictions for driving
573573 under the influence may be considered as part of the
574574 sentencing calculations or determinations under the Alabama
575575 Sentencing Guidelines or rules promulgated by the Alabama
576576 Sentencing Commission.
577577 (i) When any person convicted of violating this section
578578 is found to have had at least 0.15 percent or more by weight
579579 of alcohol in his or her blood while operating or being in
580580 actual physical control of a vehicle, he or she shall be
581581 sentenced to at least double the minimum punishment that the
582582 person would have received if he or she had had less than 0.15
583583 percent by weight of alcohol in his or her blood. This
584584 subsection does not apply to the duration of time an ignition
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613613 interlock device is required by this section. If the
614614 adjudicated offense is a misdemeanor, the minimum punishment
615615 shall be imprisonment for one year, all of which may be
616616 suspended except as otherwise provided for in subsections (f)
617617 and (g).
618618 (j) When any person over the age of 21 years is
619619 convicted of violating this section and it is found that a
620620 child under the age of 14 years was a passenger in the vehicle
621621 at the time of the offense, the person shall be sentenced to
622622 at least double the minimum punishment that the person would
623623 have received if the child had not been a passenger in the
624624 motor vehicle. This subsection does not apply to the duration
625625 of time an ignition interlock device is required by this
626626 section.
627627 (k)(1) In addition to the penalties provided herein,
628628 any person convicted of violating this section shall be
629629 referred to the court referral officer for evaluation and
630630 referral to appropriate community resources. The defendant
631631 shall, at a minimum, be required to complete a DUI or
632632 substance abuse court referral program approved by the
633633 Administrative Office of Courts and operated in accordance
634634 with provisions of the Mandatory Treatment Act of 1990,
635635 Sections 12-23-1 to 12-23-19, inclusive. The Alabama State Law
636636 Enforcement Agency shall not reissue a driver's license to a
637637 person convicted under this section without receiving proof
638638 that the defendant has successfully completed the required
639639 program.
640640 (2) Upon conviction, the court shall notify the Alabama
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669669 State Law Enforcement Agency if the person convicted is
670670 required to install and maintain an approved ignition
671671 interlock device. The agency shall suspend or revoke a
672672 person's driving privileges until completion of the mandatory
673673 suspension or revocation period required by this section, and
674674 clearance of all other suspensions, revocations,
675675 cancellations, or denials, and proof of installation of an
676676 approved ignition interlock device is presented to the agency.
677677 The agency shall not reissue a driver's license to a person
678678 who has been ordered by a court or is required by law to have
679679 the ignition interlock device installed until proof is
680680 presented that the person is eligible for reinstatement of
681681 driving privileges. Upon presentation of proof and compliance
682682 with all ignition interlock requirements, the agency shall
683683 issue a driver's license with a restriction indicating that
684684 the licensee may operate a motor vehicle only with the
685685 certified ignition interlock device installed and properly
686686 operating. If the licensee fails to maintain the approved
687687 ignition interlock device as required or is otherwise not in
688688 compliance with any order of the court, the court shall notify
689689 the agency of the noncompliance and the agency shall suspend
690690 the person's driving privileges until the agency receives
691691 notification from the court that the licensee is in
692692 compliance. The requirement that the licensee use the ignition
693693 interlock device may be removed only when the court of
694694 conviction confirms to the agency that the licensee is no
695695 longer subject to the ignition interlock device requirement.
696696 (l) Neither reckless driving nor any other traffic
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725725 infraction is a lesser included offense under a charge of
726726 driving under the influence of alcohol or of a controlled
727727 substance.
728728 (m)(1) Except for fines collected for violations of
729729 this section charged pursuant to a municipal ordinance, fines
730730 collected for violations of this section shall be deposited to
731731 the State General Fund; however, beginning October 1, 1995, of
732732 any amount collected over two hundred fifty dollars ($250) for
733733 a first conviction, over five hundred dollars ($500) for a
734734 second conviction within 10 years, over one thousand dollars
735735 ($1,000) for a third conviction within 10 years, and over two
736736 thousand dollars ($2,000) for a fourth or subsequent
737737 conviction within 10 years, the first one hundred dollars
738738 ($100) of that additional amount shall be deposited to the
739739 Alabama Chemical Testing Training and Equipment Trust Fund,
740740 after three percent of the one hundred dollars ($100) is
741741 deducted for administrative costs, and beginning October 1,
742742 1997, and thereafter, the second one hundred dollars ($100) of
743743 that additional amount shall be deposited in the Alabama Head
744744 and Spinal Cord Injury Trust Fund after deducting five percent
745745 of the one hundred dollars ($100) for administrative costs and
746746 the remainder of the funds shall be deposited to the State
747747 General Fund.
748748 (2) Fines collected for violations of this section
749749 charged pursuant to a municipal ordinance where the total fine
750750 is paid at one time shall be deposited as follows: The first
751751 three hundred fifty dollars ($350) collected for a first
752752 conviction, the first six hundred dollars ($600) collected for
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781781 a second conviction within 10 years, the first one thousand
782782 one hundred dollars ($1,100) collected for a third conviction,
783783 and the first two thousand one hundred dollars ($2,100)
784784 collected for a fourth or subsequent conviction shall be
785785 deposited to the State Treasury with the first one hundred
786786 dollars ($100) collected for each conviction credited to the
787787 Alabama Chemical Testing Training and Equipment Trust Fund and
788788 the second one hundred dollars ($100) to the Alabama Head and
789789 Spinal Cord Injury Trust Fund after deducting five percent of
790790 the one hundred dollars ($100) for administrative costs and
791791 depositing this amount in the general fund of the
792792 municipality, and the balance credited to the State General
793793 Fund. Any amounts collected over these amounts shall be
794794 deposited as otherwise provided by law.
795795 (3) Fines collected for violations of this section
796796 charged pursuant to a municipal ordinance, where the fine is
797797 paid on a partial or installment basis, shall be deposited as
798798 follows: The first two hundred dollars ($200) of the fine
799799 collected for any conviction shall be deposited to the State
800800 Treasury with the first one hundred dollars ($100) collected
801801 for any conviction credited to the Alabama Chemical Testing
802802 Training and Equipment Trust Fund and the second one hundred
803803 dollars ($100) for any conviction credited to the Alabama Head
804804 and Spinal Cord Injury Trust Fund after deducting five percent
805805 of the one hundred dollars ($100) for administrative costs and
806806 depositing this amount in the general fund of the
807807 municipality. The second three hundred dollars ($300) of the
808808 fine collected for a first conviction, the second eight
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837837 hundred dollars ($800) collected for a second conviction, the
838838 second one thousand eight hundred dollars ($1,800) collected
839839 for a third conviction, and the second three thousand eight
840840 hundred dollars ($3,800) collected for a fourth conviction
841841 shall be divided with 50 percent of the funds collected to be
842842 deposited to the State Treasury to be credited to the State
843843 General Fund and 50 percent deposited as otherwise provided by
844844 law for municipal ordinance violations. Any amounts collected
845845 over these amounts shall be deposited as otherwise provided by
846846 law for municipal ordinance violations.
847847 (4) Notwithstanding any provision of law to the
848848 contrary, 90 percent of any fine assessed and collected for
849849 any DUI offense charged by municipal ordinance violation in
850850 district or circuit court shall be computed only on the amount
851851 assessed over the minimum fine authorized, and upon collection
852852 shall be distributed to the municipal general fund with the
853853 remaining 10 percent distributed to the State General Fund.
854854 (5) In addition to fines imposed pursuant to this
855855 subsection, a mandatory fee of one hundred dollars ($100)
856856 shall be collected from any individual who successfully
857857 completes any pretrial diversion or deferral program in any
858858 municipal, district, or circuit court where the individual was
859859 charged with a violation of this section or a corresponding
860860 municipal ordinance. The one hundred dollars ($100) shall be
861861 deposited into the Alabama Chemical Testing Training and
862862 Equipment Fund.
863863 (6) In addition to the fines and fees imposed pursuant
864864 to this subsection, a mandatory fee of one hundred dollars
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893893 ($100) shall be collected from any individual who successfully
894894 completes any pretrial diversion or deferral program in any
895895 municipal, district, or circuit court where the individual was
896896 charged with a violation of this section or a corresponding
897897 municipal ordinance. The one hundred dollars ($100) shall be
898898 deposited into the Alabama Head and Spinal Cord Injury Trust
899899 Fund.
900900 (n)(1) A person who has been arrested for violating
901901 this section shall not be released from jail under bond or
902902 otherwise, until there is less than the same percent by weight
903903 of alcohol in his or her blood as specified in subsection
904904 (a)(1) or, in the case of a person who is under the age of 21
905905 years, subsection (b) hereof.
906906 (2) A judge may require an offender to install and use
907907 a certified ignition interlock device as a condition of bond.
908908 In that instance, the Secretary of the Alabama State Law
909909 Enforcement Agency shall issue the offender a restricted
910910 driver's license indicating the person's driving privileges
911911 are subject to the condition of the installation and use of a
912912 certified ignition interlock device on a motor vehicle. Any
913913 driver's license suspension or revocation period pursuant to
914914 Section 32-5A-304 shall be stayed during the period the
915915 offender is under the bond condition. The period of time the
916916 offender has the ignition interlock device installed as a
917917 condition of bond shall not be credited to any requirement to
918918 have an ignition interlock device upon conviction.
919919 (o) Upon verification that a defendant arrested
920920 pursuant to this section is currently on probation from
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949949 another court of this state as a result of a conviction for
950950 any criminal offense, the prosecutor shall provide written or
951951 oral notification of the defendant's subsequent arrest and
952952 pending prosecution to the court in which the prior conviction
953953 occurred.
954954 (p)(1) Except as provided in subdivision (2), a prior
955955 conviction for driving under the influence from this state, a
956956 municipality within this state, or another state or territory
957957 or a municipality of another state or territory shall be
958958 considered by a court for imposing a sentence pursuant to this
959959 section if the prior conviction occurred within 10 years of
960960 the date of the current offense.
961961 (2) If the person has a previous felony DUI conviction,
962962 then all of the person's subsequent DUI convictions shall be
963963 treated as felonies regardless of the date of the previous
964964 felony DUI conviction.
965965 (q) Any person convicted of driving under the influence
966966 of alcohol, or a controlled substance, or both, or any
967967 substance which impairs the mental or physical faculties in
968968 violation of this section, a municipal ordinance adopting this
969969 section, or a similar law from another state or territory or a
970970 municipality of another state or territory more than once in a
971971 10-year period shall have his or her motor vehicle
972972 registration for all vehicles owned by the repeat offender
973973 suspended by the Alabama Department of Revenue for the
974974 duration of the offender's driver's license suspension period,
975975 unless such action would impose an undue hardship to any
976976 individual, not including the repeat offender, who is
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10051005 completely dependent on the motor vehicle for the necessities
10061006 of life, including any family member of the repeat offender
10071007 and any co-owner of the vehicle or, in the case of a repeat
10081008 offender, if the repeat offender has a functioning ignition
10091009 interlock device installed on the designated vehicle for the
10101010 duration of the offender's driver's license suspension period.
10111011 (r)(1) Any person ordered by the court to have an
10121012 ignition interlock device installed on a designated vehicle,
10131013 and any person who elects to have the ignition interlock
10141014 device installed on a designated vehicle for the purpose of
10151015 reducing a period of suspension or revocation of his or her
10161016 driver's license, shall pay to the court, following his or her
10171017 conviction, two hundred dollars ($200), which may be paid in
10181018 installments and which shall be divided as follows:
10191019 a. Seventeen percent to the Alabama Interlock Indigent
10201020 Fund.
10211021 b. For cases in the district or circuit court, 30
10221022 percent to the State Judicial Administration Fund administered
10231023 by the Administrative Office of Courts and for cases in the
10241024 municipal court, 30 percent to the municipal judicial
10251025 administration fund of the municipality where the municipal
10261026 court is located to be used for the operation of the municipal
10271027 court.
10281028 c. Thirty percent to the Highway Traffic Safety Fund
10291029 administered by the Alabama State Law Enforcement Agency.
10301030 d. Twenty-three percent to the District Attorney's
10311031 Solicitor Fund.
10321032 (2) In addition to paying the court clerk the fee
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10611061 required above following the conviction or the voluntary
10621062 installation of the ignition interlock device, the defendant
10631063 shall pay all costs associated with the installation,
10641064 purchase, maintenance, or lease of the ignition interlock
10651065 devices to an approved ignition interlock provider pursuant to
10661066 the rules of the Department of Forensic Sciences, unless the
10671067 defendant is subject to Section 32-5A-191.4(i)(4).
10681068 (s) The defendant shall designate the vehicle to be
10691069 used by identifying the vehicle by the vehicle identification
10701070 number to the court. The defendant, at his or her own expense,
10711071 may designate additional motor vehicles on which an ignition
10721072 interlock device may be installed for the use of the
10731073 defendant.
10741074 (t)(1) Any person who is required to comply with the
10751075 ignition interlock provisions of this section as a condition
10761076 of restoration or reinstatement of his or her driver's
10771077 license, shall only operate the designated vehicle equipped
10781078 with a functioning ignition interlock device for the period of
10791079 time consistent with the offense for which he or she was
10801080 convicted as provided for in this section.
10811081 (2) The duration of the time an ignition interlock
10821082 device is required by this section shall be one year if the
10831083 offender refused the prescribed chemical test for
10841084 intoxication.
10851085 (u)(1) The Alabama State Law Enforcement Agency may set
10861086 a fee of not more than one hundred fifty dollars ($150) for
10871087 the issuance of a driver's license indicating that the
10881088 person's driving privileges are subject to the condition of
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11171117 the installation and use of a certified ignition interlock
11181118 device on a motor vehicle. Fifteen percent of the fee shall be
11191119 distributed to the general fund of the county where the person
11201120 was convicted to be utilized for law enforcement purposes.
11211121 Eighty-five percent shall be distributed to the State General
11221122 Fund. In addition, at the end of the time the person's driving
11231123 privileges are subject to the above conditions, the agency
11241124 shall set a fee of not more than seventy-five dollars ($75) to
11251125 reissue a regular driver's license. The fee shall be deposited
11261126 as provided in Sections 32-6-5, 32-6-6, and 32-6-6.1.
11271127 (2) The defendant shall provide proof of installation
11281128 of an approved ignition interlock device to the Alabama State
11291129 Law Enforcement Agency as a condition of the issuance of a
11301130 restricted driver's license.
11311131 (3) Any ignition interlock driving violation committed
11321132 by the offender during the mandated ignition interlock period
11331133 shall extend the duration of ignition interlock use for six
11341134 months. Ignition interlock driving violations include any of
11351135 the following:
11361136 a. A breath sample at or above a minimum blood alcohol
11371137 concentration level of 0.02 recorded four or more times during
11381138 the monthly reporting period unless a subsequent test
11391139 performed within 10 minutes registers a breath alcohol
11401140 concentration lower than 0.02.
11411141 b. Any tampering, circumvention, or bypassing of the
11421142 ignition interlock device, or attempt thereof.
11431143 c. Failure to comply with the servicing or calibration
11441144 requirements of the ignition interlock device every 30 days.
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11731173 (v) Nothing in this section and Section 32-5A-191.4
11741174 shall require an employer to install an ignition interlock
11751175 device in a vehicle owned or operated by the employer for use
11761176 by an employee required to use the device as a condition of
11771177 driving pursuant to this section and Section 32-5A-191.4.
11781178 (w) The provisions in this section and Section
11791179 32-5A-191.4 relating to ignition interlock devices shall not
11801180 apply to persons who commit violations of this section while
11811181 under 19 years of age and who are adjudicated in juvenile
11821182 court, unless specifically ordered otherwise by the court.
11831183 (x)(1) The amendatory language in Act 2014-222 to this
11841184 section, authorizing the Alabama State Law Enforcement Agency
11851185 to stay a driver's license suspension or revocation upon
11861186 compliance with the ignition interlock requirement shall apply
11871187 retroactively if any of the following occurs:
11881188 a. The offender files an appeal with the court of
11891189 jurisdiction requesting all prior suspensions or revocation,
11901190 or both, be stayed upon compliance with the ignition interlock
11911191 requirement.
11921192 b. The offender wins appeal with the court of
11931193 jurisdiction relating to this section.
11941194 c. The court of jurisdiction notifies the Alabama State
11951195 Law Enforcement Agency that the offender is eligible to have
11961196 the driver's license stayed.
11971197 d. The Alabama State Law Enforcement Agency issues an
11981198 ignition interlock restricted driver's license.
11991199 e. The offender remains in compliance of ignition
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12291229 (2) The remainder of the driver license revocation,
12301230 suspension, or both, shall be commuted upon the successful
12311231 completion of the period of time in which the ignition
12321232 interlock device is mandated to be installed and operational.
12331233 (y)(1) Any person charged in a district, circuit, or
12341234 municipal court with a violation of this section or a
12351235 municipal ordinance adopted in conformance with this section
12361236 who is approved for any pretrial diversion program or similar
12371237 program shall be required to install an ignition interlock
12381238 device for a minimum of six months or the duration of the
12391239 pretrial diversion program, whichever is greater, and meet all
12401240 the requirements of this section and Section 32-5A-191.4. A
12411241 participant in a pretrial diversion program shall be eligible
12421242 for indigency status if the program enrolls indigent
12431243 defendants and waives fees for indigent defendants.
12441244 (2) Upon receipt of a court order or an agreement from
12451245 the district attorney or prosecutor indicating the offender
12461246 has entered a pretrial diversion program or any other form of
12471247 deferred prosecution agreement, the Secretary of the Alabama
12481248 State Law Enforcement Agency shall indicate, as the agency
12491249 shall determine, the person's driving privileges are subject
12501250 to the condition of the installation and use of a certified
12511251 ignition interlock device on a motor vehicle. Any driver's
12521252 license suspension period pursuant to Section 32-5A-304 shall
12531253 be stayed and then commuted upon the successful completion of
12541254 the pretrial diversion program, or any other form of deferred
12551255 prosecution agreement.
12561256 (3) Upon receipt of a court order detailing any
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12851285 ignition interlock violation of the requirements of this
12861286 section or Section 32-5A-191.4 or termination of the
12871287 participation in any pretrial diversion program, the Alabama
12881288 State Law Enforcement Agency shall suspend or revoke driving
12891289 privileges pursuant to this section and Section 32-5A-304.
12901290 (4) Nothing in this section shall be construed to
12911291 require the Alabama State Law Enforcement Agency to issue an
12921292 ignition interlock license or stay or commute any license
12931293 suspension or revocation period of a holder of a commercial
12941294 driver's license, an operator of a commercial motor vehicle,
12951295 or a commercial driver learner permit holder in violation of
12961296 other state or federal laws.
12971297 (y)(z) Pursuant to Section 15-22-54, the maximum
12981298 probation period for persons convicted under this section
12991299 shall be extended until all ignition interlock requirements
13001300 have been completed by the offender.
13011301 (z)(aa) Notwithstanding the ignition interlock
13021302 requirements of this section, no person may be required to
13031303 install an ignition interlock device if there is not a
13041304 certified ignition interlock provider available within a 50
13051305 mile radius of his or her place of residence or place of
13061306 business or employment."
13071307 Section 2. Although this bill would have as its purpose
13081308 or effect the requirement of a new or increased expenditure of
13091309 local funds, the bill is excluded from further requirements
13101310 and application under Section 111.05 of the Constitution of
13111311 Alabama of 2022, because the bill defines a new crime or
13121312 amends the definition of an existing crime.
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13411341 Section 3. This act shall become effective on July 1,
13421342 2023, following its passage and approval by the Governor or
13431343 its otherwise becoming law.
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