Alabama 2023 Regular Session

Alabama House Bill HB29 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB29ENROLLED~~
	1	+	HB29INTRODUCED
2	2		Page 0
3		-	G39W22-3
	3	+	G39W22-1
4	4		By Representative Treadaway
5	5		RFD: Public Safety and Homeland Security
6	6		First Read: 07-Mar-23
7	7		PFD: 23-Feb-23
8		-	2023 Regular Session
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	12	+	5 G39W22-1 11/21/2022 CMH (L) ma 2022-5148
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16		-	Enrolled, An Act,
17		-	Relating to motor vehicles; to prohibit certain motor
18		-	vehicle speed contests, motor vehicle exhibitions of speed,
19		-	and motor vehicle sideshows; to provide criminal penalties for
20		-	a violation; and in connection therewith would have as its
21		-	purpose or effect the requirement of a new or increased
22		-	expenditure of local funds within the meaning of Section
23		-	111.05 of the Constitution of Alabama of 2022.
24		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25		-	Section 1. Article 14, commencing with Section
26		-	13A-11-300, is added to Chapter 11 of Title 13A of the Code of
27		-	Alabama 1975, to read as follows:
28		-	Article 14
29		-	§13A-11-300
30		-	(a) As used in this section, the following terms have
31		-	the following meanings:
32		-	(1) MOTOR VEHICLE BURNOUT. The practice of
33		-	intentionally keeping a motor vehicle stationary by using the
34		-	brake pedal or parking brake of the vehicle, while
35		-	simultaneously engaging the gas pedal to allow one set of
36		-	wheels to spin. The practice may result in the vehicle tires
37		-	being heated to a sufficient degree so as to cause smoke to
38		-	appear.
39		-	(2) MOTOR VEHICLE DONUT. The intentional and
40		-	unnecessary operation of a motor vehicle in a manner that
41		-	causes the vehicle to move in a zigzag or circular course or
	14	+	SYNOPSIS:
	15	+	This bill would prohibit certain motor vehicle
	16	+	speed contests, motor vehicle exhibitions of speed, and
	17	+	motor vehicle sideshows and to provide criminal
	18	+	penalties for a violation.
	19	+	Section 111.05 of the Constitution of Alabama of
	20	+	2022, prohibits a general law whose purpose or effect
	21	+	would be to require a new or increased expenditure of
	22	+	local funds from becoming effective with regard to a
	23	+	local governmental entity without enactment by a 2/3
	24	+	vote unless: it comes within one of a number of
	25	+	specified exceptions; it is approved by the affected
	26	+	entity; or the Legislature appropriates funds, or
	27	+	provides a local source of revenue, to the entity for
	28	+	the purpose.
	29	+	The purpose or effect of this bill would be to
	30	+	require a new or increased expenditure of local funds
	31	+	within the meaning of the amendment. However, the bill
	32	+	does not require approval of a local governmental
	33	+	entity or enactment by a 2/3 vote to become effective
	34	+	because it comes within one of the specified exceptions
	35	+	contained in the amendment.
	36	+	A BILL
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69		-	28 HB29 ~~EnrolledHB29 Enrolled~~
	64	+	28 HB29 INTRODUCEDHB29 INTRODUCED
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	66	+	TO BE ENTITLED
	67	+	AN ACT
	68	+	Relating to motor vehicles; to prohibit certain motor
	69	+	vehicle speed contests, motor vehicle exhibitions of speed,
	70	+	and motor vehicle sideshows; to provide criminal penalties for
	71	+	a violation; and in connection therewith would have as its
	72	+	purpose or effect the requirement of a new or increased
	73	+	expenditure of local funds within the meaning of Section
	74	+	111.05 of the Constitution of Alabama of 2022.
	75	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	76	+	Section 1. (a) As used in this section, the following
	77	+	terms have the following meanings:
	78	+	(1) MOTOR VEHICLE BURNOUT. The practice of
	79	+	intentionally keeping a motor vehicle stationary by using the
	80	+	brake pedal or parking brake of the vehicle, while
	81	+	simultaneously engaging the gas pedal to allow one set of
	82	+	wheels to spin. The practice may result in the vehicle tires
	83	+	being heated to a sufficient degree so as to cause smoke to
	84	+	appear.
	85	+	(2) MOTOR VEHICLE DONUT. The intentional and
	86	+	unnecessary operation of a motor vehicle in a manner that
	87	+	causes the vehicle to move in a zigzag or circular course or
71	88		to gyrate or spin around. The term does not include
72	89		maneuvering the otherwise lawfully operated vehicle when
73	90		necessary to avoid collision, injury, or damage.
74	91		(3) MOTOR VEHICLE SPEED CONTEST. The operation of two
75	92		or more vehicles at accelerated speeds from a starting point
76		-	to an ending point in a competitive attempt to outdistance
77		-	each other, or the operation of one or more vehicles over a
78		-	common selected course from a starting point to an ending
79		-	point for the purpose of comparing the relative speeds or
80		-	power of acceleration of such vehicle or vehicles within a
81		-	certain distance or time limit. The term includes drag racing.
82		-	(4) MOTOR VEHICLE EXHIBITION OF SPEED. The operation of
83		-	one or more vehicles from a starting point to an ending point,
84		-	or over a common selected course, for the purpose of
85		-	exhibiting the speed or power of the vehicle.
86		-	(5) MOTOR VEHICLE SIDESHOW. An event in which one or
87		-	more persons perform motor vehicle stunts, including burnouts,
88		-	donuts, motor vehicle speed contests, motor vehicle
89		-	exhibitions of speed, or reckless driving, for spectators.
90		-	(6) OFF STREET PARKING FACILITY. Any public or private
91		-	lot, building, or space used for the parking of motor
92		-	vehicles, regardless of whether charges are made for the use
93		-	thereof.
94		-	(b) A person shall not engage in, or aid or abet the
95		-	furtherance of, any of the following on a public road or
96		-	highway, off street parking facility, or any other parcel of
97		-	public or private property, without the consent of the owner
98		-	of that property.
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126		-	56 HB29 ~~EnrolledHB29 Enrolled~~
	120	+	56 HB29 INTRODUCEDHB29 INTRODUCED
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	122	+	to an ending point in a competitive attempt to outdistance
	123	+	each other, or the operation of one or more vehicles over a
	124	+	common selected course from a starting point to an ending
	125	+	point for the purpose of comparing the relative speeds or
	126	+	power of acceleration of such vehicle or vehicles within a
	127	+	certain distance or time limit. The term includes drag racing.
	128	+	(4) MOTOR VEHICLE EXHIBITION OF SPEED. The operation of
	129	+	one or more vehicles from a starting point to an ending point,
	130	+	or over a common selected course, for the purpose of
	131	+	exhibiting the speed or power of the vehicle.
	132	+	(5) MOTOR VEHICLE SIDESHOW. An event in which one or
	133	+	more persons perform motor vehicle stunts, including burnouts,
	134	+	donuts, motor vehicle speed contests, motor vehicle
	135	+	exhibitions of speed, or reckless driving, for spectators.
	136	+	(6) OFF STREET PARKING FACILITY. Any public or private
	137	+	lot, building, or space used for the parking of motor
	138	+	vehicles, regardless of whether charges are made for the use
	139	+	thereof.
	140	+	(b) A person shall not engage in, or aid or abet the
	141	+	furtherance of, any of the following on a public road or
	142	+	highway, off street parking facility, or any other parcel of
	143	+	public or private property, without the consent of the owner
	144	+	of that property.
128	145		(1) A motor vehicle speed contest.
129	146		(2) A motor vehicle exhibition of speed.
130	147		(3) A motor vehicle sideshow.
131	148		(4) A motor vehicle burnout, motor vehicle donut, or
132	149		other reckless driving maneuver.
133		-	(c) A person convicted of violating subsection (b), for
134		-	a first violation, shall be guilty of a Class C misdemeanor,
135		-	and for a second or subsequent violation shall be guilty of a
136		-	Class B misdemeanor. In addition, the court may prohibit the
137		-	person from driving a motor vehicle on the public highways of
138		-	this state for a period not exceeding six months.
139		-	(d)(1) If a person operating a motor vehicle in
140		-	violation of subsection (b) proximately causes bodily injury
141		-	to another individual, or the offense proximately causes
142		-	damage to any property, the person shall be guilty of a Class
143		-	A misdemeanor. In addition, the court shall prohibit the
144		-	person from operating a motor vehicle on the public highways
145		-	of this state for a period of six months.
146		-	(2) If a person commits a violation of subsection (b)
147		-	and the commission of the offense proximately causes serious
148		-	physical injury to a person other than the driver, the person
149		-	shall be guilty of a Class C felony. In addition, the court
150		-	shall prohibit the person from operating a motor vehicle on
151		-	the public highways of this state for a period of two years.
152		-	(3) If a person commits a violation of subsection (b)
153		-	and the commission of the offense proximately causes death to
154		-	any person, the person shall be guilty of a Class B felony. In
155		-	addition, the court shall prohibit the person from operating a
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183		-	84 HB29 ~~EnrolledHB29 Enrolled~~
	177	+	84 HB29 INTRODUCEDHB29 INTRODUCED
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185		-	~~motor vehicle on the public highways~~ of ~~this state for not~~
186		-	~~less than two years.~~
187		-	~~(e) Any contracts in place between an arresting~~
188		-	~~municipality and the county for the actual housing costs~~ of
189		-	~~individuals housed in the county jail shall apply to an arrest~~
190		-	~~made by~~ a ~~municipal police officer resulting in misdemeanor~~
191		-	~~charges under this act.~~ ~~If no contract is in place,~~ ~~the~~
192		-	~~arresting municipality shall reimburse the county for the~~
193		-	~~actual housing costs of the incarceration of the individuals~~
194		-	~~held on misdemeanor charges.~~
195		-	~~(f)(1)~~ A ~~law enforcement officer who arrests a person~~
196		-	for a ~~violation of this section,~~ ~~or who otherwise seizes a~~
197		-	vehicle in ~~violation of this section, may cause the vehicle to~~
198		-	~~be towed and impounded at the registered owner's expense for~~
199		-	~~not less than 48 hours.~~ The ~~law enforcement officer making the~~
200		-	~~impoundment~~ shall ~~direct an approved towing service to tow the~~
201		-	~~vehicle to~~ the ~~garage of~~ the ~~towing service, storage lot, or~~
202		-	~~other place of safety and maintain custody and control of~~ the
203		-	~~vehicle~~ for a ~~minimum~~ of ~~48 hours~~. ~~Thereafter, the registered~~
204		-	~~owner or authorized agent~~ of ~~the registered owner may claim~~
205		-	the ~~vehicle by paying all reasonable and customary towing and~~
206		-	~~storage fees for~~ the ~~services of~~ the ~~towing company. The~~
207		-	~~vehicle~~ shall ~~then~~ be ~~released to~~ the ~~registered owner or an~~
208		-	~~agent of~~ the ~~owner. Any towing service or towing company~~
209		-	~~removing~~ the ~~vehicle at the direction~~ of ~~the law enforcement~~
210		-	~~officer in accordance with this section shall have~~ a ~~lien on~~
211		-	the ~~motor vehicle for all reasonable and customary fees~~
212		-	~~relating to~~ the ~~towing and storage~~ of ~~the motor vehicle~~. ~~This~~
	179	+	(c) A person convicted of violating subsection (b)
	180	+	shall be punished upon a first conviction by imprisonment for
	181	+	a period of not less than five days nor more than 90 days, or
	182	+	by fine of not less than twenty-five dollars ($25) nor more
	183	+	than five hundred dollars ($500), or by both fine and
	184	+	imprisonment, and on a second or subsequent conviction shall
	185	+	be punished by imprisonment for not less than 10 days nor more
	186	+	than six months, or by a fine of not less than fifty dollars
	187	+	($50) nor more than five hundred dollars ($500), or by both
	188	+	fine and imprisonment. In addition, the court may prohibit the
	189	+	person from driving a motor vehicle on the public highways of
	190	+	this state for a period not exceeding six months.
	191	+	(d)(1) If a person operating a motor vehicle in
	192	+	violation of subsection (b) proximately causes bodily injury
	193	+	to another individual, or the offense proximately causes
	194	+	damage to any property, the person shall be guilty of a Class
	195	+	A misdemeanor. In addition, the court shall prohibit the
	196	+	person from operating a motor vehicle on the public highways
	197	+	of this state for a period of six months.
	198	+	(2) If a person commits a violation of subsection (b)
	199	+	and the commission of the offense proximately causes serious
	200	+	physical injury to a person other than the driver, the person
	201	+	shall be guilty of a Class C felony. In addition, the court
	202	+	shall prohibit the person from operating a motor vehicle on
	203	+	the public highways of this state for a period of two years.
	204	+	(3) If a person commits a violation of subsection (b)
	205	+	and the commission of the offense proximately causes death to
	206	+	any person, the person shall be guilty of a Class B felony. In
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	234	+	112 HB29 INTRODUCEDHB29 INTRODUCED
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	236	+	addition, the court shall prohibit the person from operating a
	237	+	motor vehicle on the public highways of this state for not
	238	+	less than two years.
	239	+	(e)(1) A law enforcement officer who arrests a person
	240	+	for a violation of this section, or who otherwise seizes a
	241	+	vehicle in violation of this section, may cause the vehicle to
	242	+	be towed and impounded at the registered owner's expense for
	243	+	not less than 48 hours. The law enforcement officer making the
	244	+	impoundment shall direct an approved towing service to tow the
	245	+	vehicle to the garage of the towing service, storage lot, or
	246	+	other place of safety and maintain custody and control of the
	247	+	vehicle for a minimum of 48 hours. Thereafter, the registered
	248	+	owner or authorized agent of the registered owner may claim
	249	+	the vehicle by paying all reasonable and customary towing and
	250	+	storage fees for the services of the towing company. The
	251	+	vehicle shall then be released to the registered owner or an
	252	+	agent of the owner. Any towing service or towing company
	253	+	removing the vehicle at the direction of the law enforcement
	254	+	officer in accordance with this section shall have a lien on
	255	+	the motor vehicle for all reasonable and customary fees
	256	+	relating to the towing and storage of the motor vehicle. This
242	257		lien shall be subject and subordinate to all prior security
243	258		interests and other liens affecting the vehicle whether
244	259		evidenced on the certificate of title or otherwise. Notice of
245	260		any sale or other proceedings relative to this lien shall be
246	261		given to the holders of all prior security interests or other
247		-	liens by official service of process at least 30 days prior to
248		-	any sale or other proceedings. An owner of a motor vehicle
249		-	seized or impounded under this subdivision may contest the
250		-	propriety of the seizure, continued impoundment, and
251		-	associated fines or fees in accordance with the procedures of
252		-	Section 20-2-93(1) or Rule 3.13(a) of the Alabama Rules of
253		-	Criminal Procedure.
254		-	(2) If a person has been convicted of three or more
255		-	violations of this section, the motor vehicle operated by the
256		-	person in the commission of the offense shall be seized and
257		-	forfeited pursuant to the procedures of Section 20-2-93, Code
258		-	of Alabama 1975.
259		-	(g) If a person's privilege to operate a motor vehicle
260		-	is suspended or restricted by a court pursuant to this
261		-	section, the court shall notify the Alabama State Law
262		-	Enforcement Agency and the license of the person shall be
263		-	suspended or restricted for the period by the Secretary of the
264		-	Alabama State Law Enforcement Agency pursuant to Section
265		-	32-5A-195, Code of Alabama 1975.
266		-	(h) Nothing in this section applies to private motor
267		-	speedways or other areas of private land where racing or stunt
268		-	driving activities are authorized to be performed by the owner
269		-	and operator thereof.
	262	+	liens by official service of process at least 15 days prior to
	263	+	any sale or other proceedings.
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	291	+	140 HB29 INTRODUCEDHB29 INTRODUCED
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	293	+	(2) If a person has been convicted of three or more
	294	+	violations of this section, the motor vehicle operated by the
	295	+	person in the commission of the offense shall be seized and
	296	+	may be deemed contraband and forfeited pursuant to Section
	297	+	20-2-93, Code of Alabama 1975.
	298	+	(f) If a person's privilege to operate a motor vehicle
	299	+	is suspended or restricted by a court pursuant to this
	300	+	section, the court shall notify the Alabama State Law
	301	+	Enforcement Agency and the license of the person shall be
	302	+	suspended or restricted for the period by the Secretary of the
	303	+	Alabama State Law Enforcement Agency pursuant to Section
	304	+	32-5A-195, Code of Alabama 1975.
	305	+	(g) Nothing in this section applies to private motor
	306	+	speedways or other areas of private land where racing or stunt
	307	+	driving activities are authorized to be performed by the owner
	308	+	and operator thereof.
299	309		Section 2. Although this bill would have as its purpose
300	310		or effect the requirement of a new or increased expenditure of
301	311		local funds, the bill is excluded from further requirements
302	312		and application under Section 111.05 of the Constitution of
303	313		Alabama of 2022, because the bill defines a new crime or
304	314		amends the definition of an existing crime.
305	315		Section 3. This act shall take effect on the first day
306	316		of the third month, following its passage and approval by the
307	317		Governor, or its otherwise becoming law.
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318		-	________________________________________________
319		-	Speaker of the House of Representatives
320		-	________________________________________________
321		-	President and Presiding Officer of the Senate
322		-	House of Representatives
323		-	I hereby certify that the within Act originated in and
324		-	was passed by the House 11-Apr-23, as amended.
325		-	John Treadwell
326		-	Clerk
327		-	Senate 02-May-23 Passed
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