Alabama 2024 Regular Session

Alabama House Bill HB219 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB219INTRODUCED
2	2	Page 0
3	3	HB219
4	4	DEFQHNN-1
5	5	By Representative Faulkner
6	6	RFD: Public Safety and Homeland Security
7	7	First Read: 22-Feb-24
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12	12	5 DEFQHNN-1 02/21/2024 SLU (L)bm 2024-480
13	13	Page 1
14	14	First Read: 22-Feb-24
15	15	SYNOPSIS:
16	16	Under existing law, within his or her
17	17	discretion, a law enforcement officer may impound a car
18	18	if the driver fails to show proof of current
19	19	registration and insurance as required by law.
20	20	Also under existing law, if a vehicle is
21	21	involved in a traffic stop or an accident and the
22	22	driver fails to provide proof of current registration
23	23	and insurance, a law enforcement officer shall impound
24	24	the car on the second violation. The impound will
25	25	release the vehicle upon payment of fees associated
26	26	with towing and impound, without requiring proof of
27	27	registration and insurance. However, on the third
28	28	violation, the impound is prohibited from releasing the
29	29	vehicle unless proof of registration and insurance is
30	30	presented.
31	31	This bill would provide that if a law
32	32	enforcement officer impounds a vehicle because the
33	33	driver fails to provide proof of current registration
34	34	and insurance, the impound may not release the vehicle
35	35	unless proof of current registration and insurance is
36	36	presented and any other requirements by law are
37	37	satisfied.
38	38	This bill would also provide that as required by
39	39	law, every time a vehicle is impounded the vehicle
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69	69	law, every time a vehicle is impounded the vehicle
70	70	shall not be released until proof of current
71	71	registration and insurance is presented and any other
72	72	requirements by law are satisfied.
73	73	A BILL
74	74	TO BE ENTITLED
75	75	AN ACT
76	76	Relating to motor vehicles; to amend Section 32-7A-16,
77	77	Code of Alabama 1975, to require that if a law enforcement
78	78	officer impounds a vehicle for failure to present proof of
79	79	current registration and insurance, the vehicle may not be
80	80	released from impound until proof of current registration and
81	81	insurance is presented, among other requirements by law; and
82	82	to require that in every instance that a law enforcement
83	83	officer impounds a vehicle at a traffic stop or an accident
84	84	because the driver fails to present proof of current
85	85	registration and insurance, the vehicle may not be released
86	86	from impound until proof of current registration and insurance
87	87	is presented and any other requirements by law are satisfied.
88	88	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
89	89	Section 1. Section 32-7A-16, Code of Alabama 1975, is
90	90	amended to read as follows:
91	91	"§32-7A-16
92	92	(a) A personAn individual is guilty of a Class C
93	93	misdemeanor who:
94	94	(1) Operates a motor vehicle without a liability
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124	124	(1) Operates a motor vehicle without a liability
125	125	insurance policy, a commercial automobile liability insurance
126	126	policy, a motor vehicle liability insurance bond, or deposit
127	127	of cash in accordance with this chapter.
128	128	(2) With notice of cancellation, recision, abrogation,
129	129	or termination of insurance, registers, or attempts to
130	130	register a motor vehicle.
131	131	(b) A personAn individual shall be guilty of a traffic
132	132	violation who:
133	133	(1) Operates a motor vehicle and upon demand of a law
134	134	enforcement officer, fails or refuses to present satisfactory
135	135	evidence of insurance unless a law enforcement officer
136	136	verifies motor vehicle liability insurance coverage through
137	137	the online insurance verification system.
138	138	(2) Operates a vehicle the registration of which is
139	139	suspended or revoked pursuant to this chapter.
140	140	(3) Operates a motor vehicle and presents evidence of
141	141	insurance when there is no valid insurance in effect on the
142	142	motor vehicle as required by this chapter.
143	143	(c) A motor vehicle may be impounded at the discretion
144	144	of a law enforcement officer if the operator fails to provide
145	145	evidence of registration and insurance as required by this
146	146	title or Title 40. Evidence of registration and insurance may
147	147	be verified through the online insurance verification system
148	148	and other electronic means as necessary. If impounded, the
149	149	motor vehicle shall not be released from impound until proof
150	150	is presented that the requirements of Section 32-7A-4 are
151	151	satisfied and all reasonable and customary towing,
152	152	impoundment, and storage fees are paid.
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182	182	impoundment, and storage fees are paid.
183	183	(d) For the purposes of this chapter, "operating a
184	184	motor vehicle" shall be satisfied whenever it is apparent that
185	185	the vehicle has traveled any distance upon a public road or
186	186	highway and a law enforcement officer may have only observed
187	187	the results of finding the vehicle stopped either on or off
188	188	the public road or highway, as for example when the vehicle
189	189	has come to a stop after an accident. Witnessing the operation
190	190	of the vehicle is not required for a citation to be issued
191	191	under this chapter.
192	192	(e)(1) In no case shall a motor vehicle for which a
193	193	traffic stop has been conducted or which has been involved in
194	194	an accident continue to be operated on a public road or
195	195	highway if the operator of the motor vehicle fails to provide
196	196	evidence of registration and insurance as required by Section
197	197	32-7A-4, this title, or Title 40, and in suchthat event the
198	198	following shall apply:
199	199	a.(1) For a first violation within a two-year
200	200	registration period, the law enforcement officer shall direct
201	201	the motor vehicle to be moved to a place of safety away from
202	202	the roadway.
203	203	b.(2) For a second violation within a two-year
204	204	registration period, the law enforcement officer shall direct
205	205	an approved towing service to tow the vehicle to a location of
206	206	the operator's choice and to release the motor vehicle to the
207	207	owner, operator, or agent thereof upon presenting proof that
208	208	the requirements of Section 32-7A-4 are satisfied and payment
209	209	of any fees associated with the towing, impoundment, and
210	210	storage of the vehicle.
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240	240	storage of the vehicle.
241	241	c.(3) For a third or subsequent violation within a
242	242	two-year registration period, the law enforcement officer
243	243	shall cause the vehicle to be impounded. The motor vehicle may
244	244	not be released to the operator, owner, or agent thereof until
245	245	presenting proof that the requirements of Section 32-7A-4 are
246	246	satisfied and until all reasonable and customary towing,
247	247	impoundment, and storage fees are paid.
248	248	(2)(f) Any towing service that removes a motor vehicle
249	249	at the direction of a law enforcement officer shall have a
250	250	lien on the motor vehicle for all reasonable and customary
251	251	fees related to the towing, impoundment, and storage of a
252	252	motor vehicle as provided in Section 32-6-19(c)(2)."
253	253	Section 2. This act shall become effective on October
254	254	1, 2024.
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