AL
Alabama Senate Bill SB301

Alabama 2023 Regular Session

Alabama Senate Bill SB301 Compare Versions

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44 By Senator Waggoner
55 RFD: Judiciary
66 First Read: 09-May-23
77 2023 Regular Session
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13+6 NGEM8T-1 05/03/2023 CMH (L)bm 2023-1937
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14-Enrolled, An Act,
15-Relating to motor vehicles; to add Section 32-5A-350.1
16-to the Code of Alabama 1975, to further provide for the
17-prohibition against using a wireless telecommunications device
18-while operating a motor vehicle; to further provide for the
19-prohibition; to further provide exceptions; to further provide
20-criminal penalties for a violation; to provide a warning
21-period for a violation; to amend Section 32-5A-351, Code of
22-Alabama 1975, to further provide for the assessment of
23-administrative penalties; to repeal Section 32-5A-350, Code of
24-Alabama 1975; and in connection therewith would have as its
25-purpose or effect the requirement of a new or increased
26-expenditure of local funds within the meaning of Section
27-111.05 of the Constitution of Alabama of 2022.
28-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
29-Section 1. Section 2 of this act shall be known and may
30-be cited as the Representative Koven L. "K.L." Brown Act and
31-is enacted in memory of Leah Grace Tarvin and CiCi Lunsford
32-and Jay Kendall.
33-Section 2. Section 32-5A-350.1 is added to Article 16
34-of Chapter 5A of Title 32, Code of Alabama 1975, to read as
35-follows:
36-§32-5A-350.1
37-(a) As used in this section, the following terms have
38-the following meanings:
15+SYNOPSIS:
16+Under existing law, a person is prohibited from
17+using a wireless telecommunications device to write,
18+send, or read a text-based communication while
19+operating a motor vehicle, with exceptions.
20+This bill would further provide prohibitions
21+against the use of a wireless telecommunications device
22+and would provide additional clarifications and
23+exceptions on the prohibition, including specifying
24+that the prohibition does not apply to: (1) the use of
25+an earpiece, headphone device, or device worn on a
26+wrist to conduct voice-based communications; (2)
27+voice-based communications that are automatically
28+converted by the device to be sent as a message in a
29+written form; and (3) the use of the device for
30+navigation of the vehicle or for global positioning
31+system purposes.
32+This bill would further provide for the criminal
33+penalties associated with a violation.
34+Under existing law, a conviction for using a
35+wireless telecommunications device to write, send, or
36+read a text-based communication is a two-point
37+violation on the individual's driving record.
38+This bill would revise the points received for a
39+violation.
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68-(1) STAND-ALONE ELECTRONIC DEVICE. A device other than
69-a wireless telecommunications device which stores audio or
70-video data files to be retrieved on demand by a user.
71-(2) UTILITY SERVICES. Includes electric, natural gas,
72-water, waste-water, cable, telephone, or telecommunications
73-services or the repair, location, relocation, improvement, or
74-maintenance of utility poles, transmission structures, pipes,
75-wires, fibers, cables, easements, rights of way, or associated
76-infrastructure.
77-(3) WIRELESS TELECOMMUNICATIONS DEVICE. A cellular
78-telephone, a portable telephone, a text-messaging device, a
79-personal digital assistant, a stand-alone computer, a global
80-positioning system receiver, or substantially similar portable
81-wireless device that is used to initiate or receive
82-communication, information, or data. The term shall not
83-include a radio, citizens band radio, citizens band radio
84-hybrid, commercial two-way radio communication device or its
85-functional equivalent, subscription-based emergency
86-communication device, prescribed medical device, amateur or
87-ham radio device, or in-vehicle security, navigation, safety,
88-or remote diagnostics system.
89-(b) A person shall exercise due care in operating a
90-motor vehicle on the highways of this state and shall not
91-engage in any actions prohibited by law which shall distract
92-the person from the safe operation of the vehicle.
93-(c) A person operates a vehicle in a distracted manner
94-in violation of this section if the person is observed
95-crossing in and out of a traffic lane without using a turn
69+Section 111.05 of the Constitution of Alabama of
70+2022, prohibits a general law whose purpose or effect
71+would be to require a new or increased expenditure of
72+local funds from becoming effective with regard to a
73+local governmental entity without enactment by a 2/3
74+vote unless: it comes within one of a number of
75+specified exceptions; it is approved by the affected
76+entity; or the Legislature appropriates funds, or
77+provides a local source of revenue, to the entity for
78+the purpose.
79+The purpose or effect of this bill would be to
80+require a new or increased expenditure of local funds
81+within the meaning of the amendment. However, the bill
82+does not require approval of a local governmental
83+entity or enactment by a 2/3 vote to become effective
84+because it comes within one of the specified exceptions
85+contained in the amendment.
86+A BILL
87+TO BE ENTITLED
88+AN ACT
89+Relating to motor vehicles; to add Section 32-5A-350.1
90+to the Code of Alabama 1975, to further provide for the
91+prohibition against using a wireless telecommunications device
92+while operating a motor vehicle; to further provide for the
93+prohibition; to further provide exceptions; to further provide
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125-signal, swerving, or otherwise operating the vehicle in an
126-impaired manner while doing any of the following:
127-(1) Physically holding a wireless telecommunications
128-device.
129-(2) Physically hold or support, with any part of his or
130-her body, a stand-alone electronic device.
131-(3) Write, send, or read any text-based communication,
132-including but not limited to a text message, instant message,
133-e-mail, or Internet data on a wireless telecommunications
134-device or stand-alone electronic device; provided, however,
135-that such prohibition shall not apply to either of the
136-following:
137-a. A voice-based communication that is automatically
138-converted by the device to be sent as a message in a written
139-form.
140-b. The use of the device for navigation of the vehicle
141-or for global positioning system purposes.
142-(4) Watch a video or movie on a wireless
143-telecommunications device or stand-alone electronic device
144-other than watching data related to the navigation of the
145-vehicle.
146-(5) Record or broadcast a video on a wireless
147-telecommunications device or stand-alone electronic device;
148-provided that the prohibition shall not apply to electronic
149-devices used for the sole purpose of continuously recording or
150-broadcasting video within or outside of the motor vehicle.
151-(6) Use more than a single button or swipe of a finger
152-on a wireless telecommunications device to initiate or
123+criminal penalties for a violation; to provide a warning
124+period for a violation; to amend Section 32-5A-351, Code of
125+Alabama 1975, to further provide for the assessment of
126+administrative penalties; to repeal Section 32-5A-350, Code of
127+Alabama 1975; and in connection therewith would have as its
128+purpose or effect the requirement of a new or increased
129+expenditure of local funds within the meaning of Section
130+111.05 of the Constitution of Alabama of 2022.
131+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
132+Section 1. Section 2 of this act shall be known and may
133+be cited as the Representative Koven L. "K.L." Brown Act and
134+is enacted in memory of Leah Grace Tarvin and "CiCi" and Jay.
135+Section 2. Section 32-5A-350.1 is added to Article 16
136+of Chapter 5A of Title 32, Code of Alabama 1975, to read as
137+follows:
138+§32-5A-350.1
139+(a) As used in this section, the following terms have
140+the following meanings:
141+(1) STAND-ALONE ELECTRONIC DEVICE. A device other than
142+a wireless telecommunications device which stores audio or
143+video data files to be retrieved on demand by a user.
144+(2) UTILITY SERVICES. Includes electric, natural gas,
145+water, waste-water, cable, telephone, or telecommunications
146+services or the repair, location, relocation, improvement, or
147+maintenance of utility poles, transmission structures, pipes,
148+wires, fibers, cables, easements, rights of way, or associated
149+infrastructure.
150+(3) WIRELESS TELECOMMUNICATIONS DEVICE. A cellular
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182-terminate a voice-communication.
183-(7) Reach for a wireless telecommunications device or
184-stand-alone electronic device in such a manner that requires
185-the driver to no longer be in a seated driving position
186-properly restrained by a safety belt.
187-(d) Each violation of this section shall constitute a
188-separate offense.
189-(e)(1) Except as provided for in subdivision (2), any
190-person convicted of violating this section shall be guilty of
191-a Class C misdemeanor which shall be punished as follows:
192-a. For a first conviction to a charge of violating this
193-section within the previous 24-month period of time, as
194-measured from the dates any previous convictions were obtained
195-to the date the current conviction is obtained, a fine of not
196-more than fifty dollars ($50).
197-b. For a second conviction within the previous 24-month
198-period of time, as measured from the dates any previous
199-convictions were obtained to the date the current conviction
200-is obtained, a fine of not more than one hundred dollars
201-($100).
202-c. For a third or subsequent conviction within the
203-previous 24-month period of time, as measured from the dates
204-any previous convictions were obtained to the date the current
205-conviction is obtained, a fine of not more than one hundred
206-fifty dollars ($150).
207-(2) Any person appearing before a court for a first
208-charge of violating subdivision (c)(1) who produces in court a
209-device or proof of purchase of a device that would allow the
180+telephone, a portable telephone, a text-messaging device, a
181+personal digital assistant, a stand-alone computer, a global
182+positioning system receiver, or substantially similar portable
183+wireless device that is used to initiate or receive
184+communication, information, or data. The term shall not
185+include a radio, citizens band radio, citizens band radio
186+hybrid, commercial two-way radio communication device or its
187+functional equivalent, subscription-based emergency
188+communication device, prescribed medical device, amateur or
189+ham radio device, or in-vehicle security, navigation, or
190+remote diagnostics system.
191+(b) A person shall exercise due care in operating a
192+motor vehicle on the highways of this state and shall not
193+engage in any actions which shall distract the person from the
194+safe operation of the vehicle.
195+(c) While operating a motor vehicle on any highway of
196+this state, no person shall do any of the following:
197+(1) Physically hold or support, with any part of his or
198+her body, either of the following:
199+a. A wireless telecommunications device, provided that
200+the exclusion shall not prohibit the use of an earpiece,
201+headphone device, or device worn on a wrist to conduct a
202+voice-based communication.
203+b. A stand-alone electronic device.
204+(2) Write, send, or read any text-based communication,
205+including but not limited to a text message, instant message,
206+e-mail, or Internet data on a wireless telecommunications
207+device or stand-alone electronic device; provided, however,
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239-person to comply with the subdivision in the future shall not
240-be guilty of the offense. The court shall require the person
241-to affirm that they have not previously utilized the privilege
242-under this subdivision.
243-(3) No court costs may be assessed for a violation of
244-this section.
245-(f) A person may not be placed under custodial arrest
246-solely for a violation of this section.
247-(g) This section does not apply when the prohibited
248-conduct occurred under any of the following conditions:
249-(1) The use of a wireless telecommunications device to
250-obtain emergency services, including, but not limited to, an
251-emergency call to a law enforcement agency, healthcare
252-provider, fire department, or other emergency services agency
253-or entity.
254-(2) The use of a wireless telecommunications device
255-while the motor vehicle is parked on the shoulder of the
256-highway, road, or street.
257-(3) The use of a wireless telecommunications device as
258-a global positioning or navigation system to receive driving
259-directions; provided, however, the manual input of navigation
260-coordinates while operating a motor vehicle is a violation of
261-this article.
262-(4) The use of an earpiece, a headphone device,
263-steering wheel controls, speaker phone or any voice-activated
264-technology, or other device worn on the person or mounted onto
265-the dashboard, center console, windshield, or other part of
266-the vehicle to conduct substantially hands-free voice-based
237+that such prohibition shall not apply to either of the
238+following:
239+a. A voice-based communication that is automatically
240+converted by the device to be sent as a message in a written
241+form.
242+b. The use of the device for navigation of the vehicle
243+or for global positioning system purposes.
244+(3) Watch a video or movie on a wireless
245+telecommunications device or stand-alone electronic device
246+other than watching data related to the navigation of the
247+vehicle.
248+(4) Record or broadcast a video on a wireless
249+telecommunications device or stand-alone electronic device;
250+provided that the prohibition shall not apply to electronic
251+devices used for the sole purpose of continuously recording or
252+broadcasting video within or outside of the motor vehicle.
253+(d) While operating a commercial motor vehicle on any
254+highway of this state, no individual shall do any of the
255+following:
256+(1) Use more than a single button on a wireless
257+telecommunications device to initiate or terminate a
258+voice-communication.
259+(2) Reach for a wireless telecommunications device or
260+stand-alone electronic device in such a manner that requires
261+the driver to no longer be in a seated driving position
262+properly restrained by a safety belt.
263+(e) Each violation of this section shall constitute a
264+separate offense.
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296-wireless communications.
297-(5) The use of a continuous recording device that
298-operates within or outside the vehicle, including, but not
299-limited to, a dash camera or backup camera.
300-(6) The use of a wireless telecommunications device by
301-an employee or contractor of a utility services provider
302-within the scope of his or her employment while responding to
303-a utility emergency or performing other critical utility
304-services.
305-(7) The use of a wireless telecommunications device by
306-a law enforcement officer, emergency medical services
307-personnel, ambulance operator, firefighter, volunteer
308-firefighter, or other similarly employed public safety first
309-responder during the performance of his or her official
310-duties.
311-(8) The use of an ignition interlock device, as defined
312-in Section 32-5A-191.4.
313-(9) For an individual 18 years of age or older, the use
314-of a wireless telecommunications device in a manner that
315-requires the physical use of the person's hand while operating
316-a motor vehicle if both of the following occur:
317-a. The device is mounted to the vehicle, including the
318-windshield, dashboard, or center console of the vehicle, and
319-the device does not create an unsafe obstruction of the
320-person's view of the road.
321-b. The person's hand is used to activate or deactivate
322-a feature or function of the device with the motion of one
323-swipe or tap of the person's finger, and the swipe or tap does
294+(f)(1) Except as provided for in subdivision (2), any
295+person convicted of violating this section shall be guilty of
296+a Class C misdemeanor which shall be punished as follows:
297+a. For a first conviction to a charge of violating this
298+section within the previous 24-month period of time, as
299+measured from the dates any previous convictions were obtained
300+to the date the current conviction is obtained, a fine of not
301+more than fifty dollars ($50).
302+b. For a second conviction within the previous 24-month
303+period of time, as measured from the dates any previous
304+convictions were obtained to the date the current conviction
305+is obtained, a fine of not more than one hundred dollars
306+($100).
307+c. For a third or subsequent conviction within the
308+previous 24-month period of time, as measured from the dates
309+any previous convictions were obtained to the date the current
310+conviction is obtained, a fine of not more than one hundred
311+fifty dollars ($150).
312+(2) Any person appearing before a court for a first
313+charge of violating subdivision (c)(1) who produces in court a
314+device or proof of purchase of a device that would allow the
315+person to comply with the subdivision in the future shall not
316+be guilty of the offense. The court shall require the person
317+to affirm that they have not previously utilized the privilege
318+under this subdivision.
319+(3) No court costs may be assessed for a violation of
320+this section.
321+(g) A person may not be placed under custodial arrest
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353-not activate the camera, video, or gaming features or
354-functions for viewing, recording, amusement, or other
355-non-navigational functions, other than functions or features
356-related to the transportation of persons or property for
357-compensation or payment of a fee.
358-(10) The use of a wireless telecommunications device by
359-a licensed physician while responding to an emergency medical
360-situation.
361-(h) Beginning on the effective date of this act, and
351+solely for a violation of this section.
352+(h) Subsections (c) and (d) shall not apply when the
353+prohibited conduct occurred under any of the following
354+conditions:
355+(1) While reporting a traffic accident, medical
356+emergency, fire, an actual or potential criminal or delinquent
357+act, or road condition which causes an immediate and serious
358+traffic or safety hazard.
359+(2) By an employee or contractor of a utility services
360+provider acting within the scope of his or her employment
361+while responding to a utility emergency.
362+(3) By a law enforcement officer, firefighter,
363+emergency medical services personnel, ambulance driver, or
364+other similar public safety first responder during the
365+performance of his or her official duties.
366+(4) While in a motor vehicle that is lawfully parked.
367+(i) Beginning on the effective date of this act, and
362368 continuing for 12 months thereafter, for any violation of this
363369 section, a law enforcement officer may only issue a written
364370 warning. No points shall be entered on the driving record of
365371 any individual who receives a warning under this subsection.
366372 Section 3. Section 32-5A-351, Code of Alabama 1975, is
367373 amended to read as follows:
368374 "§32-5A-351
369375 (a) A first conviction of this article shall be entered
370376 on the driving record of any individual charged under this
371377 article as a one-point violation.
372378 (b) A second conviction of this article shall be
373-entered on the driving record of any individual charged under
374-this article as a two-point violation.
375-(c) A third or subsequent conviction of this article
376-shall be entered on the driving record of any individual
377-charged under this article as a three-point violation. "
378-Section 4. Section 32-5A-350, Code of Alabama 1975,
379-relating to texting while driving, is repealed.
380-Section 5. Although this bill would have as its purpose
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408+entered on the driving record of any individual charged under
409+this article as a two-point violation.
410+(c) A third or subsequent conviction of this article
411+shall be entered on the driving record of any individual
412+charged under this article as a three-point violation. "
413+Section 4. Section 32-5A-350, Code of Alabama 1975,
414+relating to texting while driving, is repealed.
415+Section 5. Although this bill would have as its purpose
410416 or effect the requirement of a new or increased expenditure of
411417 local funds, the bill is excluded from further requirements
412418 and application under Section 111.05 of the Constitution of
413419 Alabama of 2022, because the bill defines a new crime or
414420 amends the definition of an existing crime.
415421 Section 6. This act shall become effective immediately
416422 following its passage and approval by the Governor, or its
417423 otherwise becoming law.
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427-________________________________________________
428-President and Presiding Officer of the Senate
429-________________________________________________
430-Speaker of the House of Representatives
431-SB301
432-Senate 24-May-23
433-I hereby certify that the within Act originated in and passed
434-the Senate, as amended.
435-Patrick Harris,
436-Secretary.
437-House of Representatives
438-Amended and passed: 06-Jun-23
439-Senate concurred in House amendment 06-Jun-23
440-By: Senator Waggoner
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