SB301ENROLLED
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NGEM8T-3
By Senator Waggoner
RFD: Judiciary
First Read: 09-May-23
2023 Regular Session
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Enrolled, 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
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 Lunsford
and Jay Kendall.
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:
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(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
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, safety,
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 prohibited by law which shall distract
the person from the safe operation of the vehicle.
(c) A person operates a vehicle in a distracted manner
in violation of this section if the person is observed
crossing in and out of a traffic lane without using a turn
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signal, swerving, or otherwise operating the vehicle in an
impaired manner while doing any of the following:
(1) Physically holding a wireless telecommunications
device.
(2) Physically hold or support, with any part of his or
her body, a stand-alone electronic device.
(3) 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,
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.
(4) 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.
(5) 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.
(6) Use more than a single button or swipe of a finger
on a wireless telecommunications device to initiate or
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terminate a voice-communication.
(7) 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.
(d) Each violation of this section shall constitute a
separate offense.
(e)(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
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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.
(f) A person may not be placed under custodial arrest
solely for a violation of this section.
(g) This section does not apply when the prohibited
conduct occurred under any of the following conditions:
(1) The use of a wireless telecommunications device to
obtain emergency services, including, but not limited to, an
emergency call to a law enforcement agency, healthcare
provider, fire department, or other emergency services agency
or entity.
(2) The use of a wireless telecommunications device
while the motor vehicle is parked on the shoulder of the
highway, road, or street.
(3) The use of a wireless telecommunications device as
a global positioning or navigation system to receive driving
directions; provided, however, the manual input of navigation
coordinates while operating a motor vehicle is a violation of
this article.
(4) The use of an earpiece, a headphone device,
steering wheel controls, speaker phone or any voice-activated
technology, or other device worn on the person or mounted onto
the dashboard, center console, windshield, or other part of
the vehicle to conduct substantially hands-free voice-based
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wireless communications.
(5) The use of a continuous recording device that
operates within or outside the vehicle, including, but not
limited to, a dash camera or backup camera.
(6) The use of a wireless telecommunications device by
an employee or contractor of a utility services provider
within the scope of his or her employment while responding to
a utility emergency or performing other critical utility
services.
(7) The use of a wireless telecommunications device by
a law enforcement officer, emergency medical services
personnel, ambulance operator, firefighter, volunteer
firefighter, or other similarly employed public safety first
responder during the performance of his or her official
duties.
(8) The use of an ignition interlock device, as defined
in Section 32-5A-191.4.
(9) For an individual 18 years of age or older, the use
of a wireless telecommunications device in a manner that
requires the physical use of the person's hand while operating
a motor vehicle if both of the following occur:
a. The device is mounted to the vehicle, including the
windshield, dashboard, or center console of the vehicle, and
the device does not create an unsafe obstruction of the
person's view of the road.
b. The person's hand is used to activate or deactivate
a feature or function of the device with the motion of one
swipe or tap of the person's finger, and the swipe or tap does
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not activate the camera, video, or gaming features or
functions for viewing, recording, amusement, or other
non-navigational functions, other than functions or features
related to the transportation of persons or property for
compensation or payment of a fee.
(10) The use of a wireless telecommunications device by
a licensed physician while responding to an emergency medical
situation.
(h) 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
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
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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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________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB301
Senate 24-May-23
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 06-Jun-23
Senate concurred in House amendment 06-Jun-23
By: Senator Waggoner
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