HB29ENROLLED
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G39W22-3
By Representative Treadaway
RFD: Public Safety and Homeland Security
First Read: 07-Mar-23
PFD: 23-Feb-23
2023 Regular Session
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Enrolled, An Act,
Relating to motor vehicles; to prohibit certain motor
vehicle speed contests, motor vehicle exhibitions of speed,
and motor vehicle sideshows; to provide criminal penalties for
a violation; and in connection therewith would have as its
purpose or effect the requirement of a new or increased
expenditure of local funds within the meaning of Section
111.05 of the Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Article 14, commencing with Section
13A-11-300, is added to Chapter 11 of Title 13A of the Code of
Alabama 1975, to read as follows:
Article 14
ยง13A-11-300
(a) As used in this section, the following terms have
the following meanings:
(1) MOTOR VEHICLE BURNOUT. The practice of
intentionally keeping a motor vehicle stationary by using the
brake pedal or parking brake of the vehicle, while
simultaneously engaging the gas pedal to allow one set of
wheels to spin. The practice may result in the vehicle tires
being heated to a sufficient degree so as to cause smoke to
appear.
(2) MOTOR VEHICLE DONUT. The intentional and
unnecessary operation of a motor vehicle in a manner that
causes the vehicle to move in a zigzag or circular course or
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to gyrate or spin around. The term does not include
maneuvering the otherwise lawfully operated vehicle when
necessary to avoid collision, injury, or damage.
(3) MOTOR VEHICLE SPEED CONTEST. The operation of two
or more vehicles at accelerated speeds from a starting point
to an ending point in a competitive attempt to outdistance
each other, or the operation of one or more vehicles over a
common selected course from a starting point to an ending
point for the purpose of comparing the relative speeds or
power of acceleration of such vehicle or vehicles within a
certain distance or time limit. The term includes drag racing.
(4) MOTOR VEHICLE EXHIBITION OF SPEED. The operation of
one or more vehicles from a starting point to an ending point,
or over a common selected course, for the purpose of
exhibiting the speed or power of the vehicle.
(5) MOTOR VEHICLE SIDESHOW. An event in which one or
more persons perform motor vehicle stunts, including burnouts,
donuts, motor vehicle speed contests, motor vehicle
exhibitions of speed, or reckless driving, for spectators.
(6) OFF STREET PARKING FACILITY. Any public or private
lot, building, or space used for the parking of motor
vehicles, regardless of whether charges are made for the use
thereof.
(b) A person shall not engage in, or aid or abet the
furtherance of, any of the following on a public road or
highway, off street parking facility, or any other parcel of
public or private property, without the consent of the owner
of that property.
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(1) A motor vehicle speed contest.
(2) A motor vehicle exhibition of speed.
(3) A motor vehicle sideshow.
(4) A motor vehicle burnout, motor vehicle donut, or
other reckless driving maneuver.
(c) A person convicted of violating subsection (b), for
a first violation, shall be guilty of a Class C misdemeanor,
and for a second or subsequent violation shall be guilty of a
Class B misdemeanor. In addition, the court may prohibit the
person from driving a motor vehicle on the public highways of
this state for a period not exceeding six months.
(d)(1) If a person operating a motor vehicle in
violation of subsection (b) proximately causes bodily injury
to another individual, or the offense proximately causes
damage to any property, the person shall be guilty of a Class
A misdemeanor. In addition, the court shall prohibit the
person from operating a motor vehicle on the public highways
of this state for a period of six months.
(2) If a person commits a violation of subsection (b)
and the commission of the offense proximately causes serious
physical injury to a person other than the driver, the person
shall be guilty of a Class C felony. In addition, the court
shall prohibit the person from operating a motor vehicle on
the public highways of this state for a period of two years.
(3) If a person commits a violation of subsection (b)
and the commission of the offense proximately causes death to
any person, the person shall be guilty of a Class B felony. In
addition, the court shall prohibit the person from operating a
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motor vehicle on the public highways of this state for not
less than two years.
(e) Any contracts in place between an arresting
municipality and the county for the actual housing costs of
individuals housed in the county jail shall apply to an arrest
made by a municipal police officer resulting in misdemeanor
charges under this act. If no contract is in place, the
arresting municipality shall reimburse the county for the
actual housing costs of the incarceration of the individuals
held on misdemeanor charges.
(f)(1) A law enforcement officer who arrests a person
for a violation of this section, or who otherwise seizes a
vehicle in violation of this section, may cause the vehicle to
be towed and impounded at the registered owner's expense for
not less than 48 hours. The law enforcement officer making the
impoundment shall direct an approved towing service to tow the
vehicle to the garage of the towing service, storage lot, or
other place of safety and maintain custody and control of the
vehicle for a minimum of 48 hours. Thereafter, the registered
owner or authorized agent of the registered owner may claim
the vehicle by paying all reasonable and customary towing and
storage fees for the services of the towing company. The
vehicle shall then be released to the registered owner or an
agent of the owner. Any towing service or towing company
removing the vehicle at the direction of the law enforcement
officer in accordance with this section shall have a lien on
the motor vehicle for all reasonable and customary fees
relating to the towing and storage of the motor vehicle. This
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lien shall be subject and subordinate to all prior security
interests and other liens affecting the vehicle whether
evidenced on the certificate of title or otherwise. Notice of
any sale or other proceedings relative to this lien shall be
given to the holders of all prior security interests or other
liens by official service of process at least 30 days prior to
any sale or other proceedings. An owner of a motor vehicle
seized or impounded under this subdivision may contest the
propriety of the seizure, continued impoundment, and
associated fines or fees in accordance with the procedures of
Section 20-2-93(1) or Rule 3.13(a) of the Alabama Rules of
Criminal Procedure.
(2) If a person has been convicted of three or more
violations of this section, the motor vehicle operated by the
person in the commission of the offense shall be seized and
forfeited pursuant to the procedures of Section 20-2-93, Code
of Alabama 1975.
(g) If a person's privilege to operate a motor vehicle
is suspended or restricted by a court pursuant to this
section, the court shall notify the Alabama State Law
Enforcement Agency and the license of the person shall be
suspended or restricted for the period by the Secretary of the
Alabama State Law Enforcement Agency pursuant to Section
32-5A-195, Code of Alabama 1975.
(h) Nothing in this section applies to private motor
speedways or other areas of private land where racing or stunt
driving activities are authorized to be performed by the owner
and operator thereof.
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Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall take effect on the first day
of the third month, following its passage and approval by the
Governor, or its otherwise becoming law.
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 11-Apr-23, as amended.
John Treadwell
Clerk
Senate 02-May-23 Passed
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