126265-1:n:03/01/2011:FC/mfp LRS2011-830
| SYNOPSIS: | Under existing law, the driver's license of a person convicted of a drug offense or adjudicated a juvenile delinquent when the underlying offense is a drug offense is required to be suspended for six months. |
| This bill would delete the requirement for the suspension for all drug offenses except trafficking in illegal drugs. | |
| The bill would also provide for the certification of this act to the United States Department of Transportation by the Governor. |
Relating to criminal sentencing; to amend Section 13A-12-291, Code of Alabama 1975, to delete certain named drug offenses from the requirement that the driver's license of the defendant be suspended on conviction of the offenses; and to provide for the certification of this act to the United States Department of Transportation by the Governor.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-12-291, Code of Alabama 1975, is amended to read as follows:§13A-12-291.
"(a) A driver's license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication of, or a finding of delinquency based on, the following crimes:
"(1) Criminal solicitation to commit a controlled substance crime under Section 13A-12-202 the crime of trafficking in specified substances under Section 13A-12-231.
"(2) Attempt to commit a controlled substance crime under Section 13A-12-203 the crime of trafficking in specified substances under Section 13A-12-231.
"(3) Criminal conspiracy to commit a controlled substance crime under Section 13A-12-204 the crime of trafficking in specified substances under Section 13A-12-231.
"(4) Unlawful distribution of controlled substances under Section 13A-12-211.
"(5) Unlawful possession or receipt of controlled substances under Section 13A-12-212.
"(6) Unlawful possession of marihuana in the first degree under Section 13A-12-213.
"(7) Unlawful possession of marihuana in the second degree under Section 13A-12-214.
"(8) Sale or furnishing of controlled substances by persons over age 18 to persons under age 18 under Section 13A-12-215.
"(9) (4) Trafficking in specified substances under Section 13A-12-231.
"(10) Driving under the influence of a controlled substance, or under the combined influence of a controlled substance and alcohol under Sections 32-5A-191(a)(3) and 32-5A-191(a)(4).
"(b) The suspension of a driver's license of a person for driving under the influence of a controlled substance, or under the combined influence of a controlled substance and alcohol, pursuant to Section 32-5A-191 shall be governed by that section.
Section 2. (a) The Legislature of the State of Alabama by the enactment of this act registers its opposition to federally mandated legislation requiring the suspension or revocation of the driving privilege of any person convicted of a drug offense. This negative recommendation is based on the belief by this state that the granting or withholding of a driving privilege in this state is the prerogative of the states and not the federal government.
(b) The Legislature directs the Governor to certify a copy of this act to the United States Secretary of Transportation expressing the opposition of this state to the requirements of Section 333 of the Fiscal Year 1991 United States Department of Transportation and Related Agencies Appropriation Act.
Section 3. Section 1 of this act shall be operative on the acceptance of this act by the United States Department of Transportation.
Section 4. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.