SB301INTRODUCED
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NGEM8T-1
By Senator Waggoner
RFD: Judiciary
First Read: 09-May-23
2023 Regular Session
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6 NGEM8T-1 05/03/2023 CMH (L)bm 2023-1937
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SYNOPSIS:
Under existing law, a person is prohibited from
using a wireless telecommunications device to write,
send, or read a text-based communication while
operating a motor vehicle, with exceptions.
This bill would further provide prohibitions
against the use of a wireless telecommunications device
and would provide additional clarifications and
exceptions on the prohibition, including specifying
that the prohibition does not apply to: (1) the use of
an earpiece, headphone device, or device worn on a
wrist to conduct voice-based communications; (2)
voice-based communications that are automatically
converted by the device to be sent as a message in a
written form; and (3) the use of the device for
navigation of the vehicle or for global positioning
system purposes.
This bill would further provide for the criminal
penalties associated with a violation.
Under existing law, a conviction for using a
wireless telecommunications device to write, send, or
read a text-based communication is a two-point
violation on the individual's driving record.
This bill would revise the points received for a
violation.
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Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to motor vehicles; to add Section 32-5A-350.1
to the Code of Alabama 1975, to further provide for the
prohibition against using a wireless telecommunications device
while operating a motor vehicle; to further provide for the
prohibition; to further provide exceptions; to further provide
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criminal penalties for a violation; to provide a warning
period for a violation; to amend Section 32-5A-351, Code of
Alabama 1975, to further provide for the assessment of
administrative penalties; to repeal Section 32-5A-350, Code of
Alabama 1975; 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. Section 2 of this act shall be known and may
be cited as the Representative Koven L. "K.L." Brown Act and
is enacted in memory of Leah Grace Tarvin and "CiCi" and Jay.
Section 2. Section 32-5A-350.1 is added to Article 16
of Chapter 5A of Title 32, Code of Alabama 1975, to read as
follows:
§32-5A-350.1
(a) As used in this section, the following terms have
the following meanings:
(1) STAND-ALONE ELECTRONIC DEVICE. A device other than
a wireless telecommunications device which stores audio or
video data files to be retrieved on demand by a user.
(2) UTILITY SERVICES. Includes electric, natural gas,
water, waste-water, cable, telephone, or telecommunications
services or the repair, location, relocation, improvement, or
maintenance of utility poles, transmission structures, pipes,
wires, fibers, cables, easements, rights of way, or associated
infrastructure.
(3) WIRELESS TELECOMMUNICATIONS DEVICE. A cellular
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telephone, a portable telephone, a text-messaging device, a
personal digital assistant, a stand-alone computer, a global
positioning system receiver, or substantially similar portable
wireless device that is used to initiate or receive
communication, information, or data. The term shall not
include a radio, citizens band radio, citizens band radio
hybrid, commercial two-way radio communication device or its
functional equivalent, subscription-based emergency
communication device, prescribed medical device, amateur or
ham radio device, or in-vehicle security, navigation, or
remote diagnostics system.
(b) A person shall exercise due care in operating a
motor vehicle on the highways of this state and shall not
engage in any actions which shall distract the person from the
safe operation of the vehicle.
(c) While operating a motor vehicle on any highway of
this state, no person shall do any of the following:
(1) Physically hold or support, with any part of his or
her body, either of the following:
a. A wireless telecommunications device, provided that
the exclusion shall not prohibit the use of an earpiece,
headphone device, or device worn on a wrist to conduct a
voice-based communication.
b. A stand-alone electronic device.
(2) Write, send, or read any text-based communication,
including but not limited to a text message, instant message,
e-mail, or Internet data on a wireless telecommunications
device or stand-alone electronic device; provided, however,
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that such prohibition shall not apply to either of the
following:
a. A voice-based communication that is automatically
converted by the device to be sent as a message in a written
form.
b. The use of the device for navigation of the vehicle
or for global positioning system purposes.
(3) Watch a video or movie on a wireless
telecommunications device or stand-alone electronic device
other than watching data related to the navigation of the
vehicle.
(4) Record or broadcast a video on a wireless
telecommunications device or stand-alone electronic device;
provided that the prohibition shall not apply to electronic
devices used for the sole purpose of continuously recording or
broadcasting video within or outside of the motor vehicle.
(d) While operating a commercial motor vehicle on any
highway of this state, no individual shall do any of the
following:
(1) Use more than a single button on a wireless
telecommunications device to initiate or terminate a
voice-communication.
(2) Reach for a wireless telecommunications device or
stand-alone electronic device in such a manner that requires
the driver to no longer be in a seated driving position
properly restrained by a safety belt.
(e) Each violation of this section shall constitute a
separate offense.
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(f)(1) Except as provided for in subdivision (2), any
person convicted of violating this section shall be guilty of
a Class C misdemeanor which shall be punished as follows:
a. For a first conviction to a charge of violating this
section within the previous 24-month period of time, as
measured from the dates any previous convictions were obtained
to the date the current conviction is obtained, a fine of not
more than fifty dollars ($50).
b. For a second conviction within the previous 24-month
period of time, as measured from the dates any previous
convictions were obtained to the date the current conviction
is obtained, a fine of not more than one hundred dollars
($100).
c. For a third or subsequent conviction within the
previous 24-month period of time, as measured from the dates
any previous convictions were obtained to the date the current
conviction is obtained, a fine of not more than one hundred
fifty dollars ($150).
(2) Any person appearing before a court for a first
charge of violating subdivision (c)(1) who produces in court a
device or proof of purchase of a device that would allow the
person to comply with the subdivision in the future shall not
be guilty of the offense. The court shall require the person
to affirm that they have not previously utilized the privilege
under this subdivision.
(3) No court costs may be assessed for a violation of
this section.
(g) A person may not be placed under custodial arrest
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solely for a violation of this section.
(h) Subsections (c) and (d) shall not apply when the
prohibited conduct occurred under any of the following
conditions:
(1) While reporting a traffic accident, medical
emergency, fire, an actual or potential criminal or delinquent
act, or road condition which causes an immediate and serious
traffic or safety hazard.
(2) By an employee or contractor of a utility services
provider acting within the scope of his or her employment
while responding to a utility emergency.
(3) By a law enforcement officer, firefighter,
emergency medical services personnel, ambulance driver, or
other similar public safety first responder during the
performance of his or her official duties.
(4) While in a motor vehicle that is lawfully parked.
(i) Beginning on the effective date of this act, and
continuing for 12 months thereafter, for any violation of this
section, a law enforcement officer may only issue a written
warning. No points shall be entered on the driving record of
any individual who receives a warning under this subsection.
Section 3. Section 32-5A-351, Code of Alabama 1975, is
amended to read as follows:
"§32-5A-351
(a) A first conviction of this article shall be entered
on the driving record of any individual charged under this
article as a one-point violation.
(b) A second conviction of this article shall be
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entered on the driving record of any individual charged under
this article as a two-point violation.
(c) A third or subsequent conviction of this article
shall be entered on the driving record of any individual
charged under this article as a three-point violation. "
Section 4. Section 32-5A-350, Code of Alabama 1975,
relating to texting while driving, is repealed.
Section 5. 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 6. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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