HB551 By Representative Scott RFD Judiciary Rd 1 19-APR-16

SYNOPSIS: Under existing law, the Alabama State Law Enforcement Agency must suspend for a period of six months the driver's license of a person convicted of certain specified trafficking or controlled substance crimes or for driving under the influence of a controlled substance.

This bill would provide that the suspensions of the driver's license of a person who as the result of the same course of conduct is convicted or adjudicated of, or found delinquent because of, multiple crimes that trigger a six-month driver's license suspension would run concurrently.

A BILL TO BE ENTITLED AN ACT

Relating to driver's license suspension; to amend Section 13A-12-290, Code of Alabama 1975; to provide that the suspensions of the driver's license of a person who is convicted or adjudicated of, or found delinquent because of, multiple crimes from the same course of conduct that trigger a six-month driver's license suspension run concurrently.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 13A-12-290, Code of Alabama 1975, is amended to read as follows:

§13A-12-290.

"(a) In addition to any other penalty provided by law, the Alabama State Law Enforcement Agency shall suspend for a period of six months the driver's license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on, the crimes specified in Section 13A-12-291. If, at the time of conviction, adjudication, or finding of delinquency, the individual did not have a driver's license or the driver's license had been suspended or revoked, there shall be a delay in the issuance or reinstatement of the driver's license for six months after the individual applies for issuance or reinstatement. If the individual is ordered by a court to enter as a resident of an in-patient drug or alcohol rehabilitation facility, the suspension required by this section shall be effective immediately. If the individual voluntarily enters an in-patient drug or alcohol rehabilitation facility as a resident and the court approves the treatment either before or after treatment, the time in the treatment program shall be credited against any period of suspension required by this section. If ordered by a court to enter a facility, the individual shall surrender his or her driver's license to the court and the court shall destroy the license. The individual shall receive credit for the time actually spent in a facility if he or she is released by the facility because the treatment is complete or the facility certifies that completion is not necessary. The Alabama State Law Enforcement Agency shall be notified by the court within 10 days by mail, fax, or electronic means of the status of the individual's license.

"(b) The suspensions by the Alabama State Law Enforcement Agency of the driver's license of a person who for the same course of conduct is convicted or adjudicated of, or found delinquent because of, more than one crime specified in Section 13A-12-291, shall run concurrently."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Drivers' Licenses

Alabama State Law Enforcement Agency

Crimes and Offenses

Criminal Law and Procedure

Drug Trafficking

Driving Under the Influence

Sentencing

Courts

Code Amended