HB304INTRODUCED
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HB304
G37PR66-1
By Representatives Kiel, Marques, Colvin, Fidler, Ross,
Robbins
RFD: Public Safety and Homeland Security
First Read: 18-Feb-25
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6 G37PR66-1 02/18/2025 CMH (L)bm 2024-2701
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First Read: 18-Feb-25
SYNOPSIS:
Under existing law, every operator of a motor
vehicle is required to possess his or her driver
license or driving permit and display the license or
permit to an arresting officer upon request.
Also under existing law, an officer who arrests
an individual for driving while intoxicated or while
driving with a suspended, canceled, revoked, or denied
driver license may impound the vehicle, with
exceptions.
This bill would further provide for the
authority to impound a motor vehicle when an individual
unlawfully operates the vehicle without having been
issued a driver license, with exceptions.
This bill would further provide for the process
to redeem an impounded motor vehicle.
This bill would also provide restrictions on the
issuance of local government identification cards.
A BILL
TO BE ENTITLED
AN ACT
Relating to driver licenses; to amend Sections 32-6-9
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Relating to driver licenses; to amend Sections 32-6-9
and 32-6-19, Code of Alabama 1975, to further provide for the
conditions under which a motor vehicle is subject to
impoundment and further provide procedures for the
impoundment; to add Section 32-6-19.1 to the Code of Alabama
1975, to further provide for the redemption and disposal of an
impounded vehicle; and to provide prohibitions against the
issuance of local government identification cards.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 32-6-9 and 32-6-19, Code of Alabama
1975, are amended to read as follows:
"§32-6-9
(a) Every licensee operator of a motor vehicle shall
have his or her driver license in his or her immediate
possession at all times when driving a motor vehicle and shall
display the same,license upon the demand of a judge of any
court or, a peacelaw enforcement officer, or a state trooper .
(b) No individual However, no person charged with
violating this section shall be convicted if he or she
produces in court or the office of the arresting officer a
driver'sdriver license that wastheretofore issued to him or
her and valid at the time of his or her arrest.
(b)(c)(1) For every personindividual found in violation
of this section or Section 32-6-1, a reasonable effort shall
be made as soon as possible, but not later than within 48
hours, to determine the citizenship of the personindividual
and if an alien, whether the alienindividual is lawfully
present in the United States by verification with the federal
government pursuant to 8 U.S.C. § 1373(c).
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government pursuant to 8 U.S.C. § 1373(c).
(2) An officer shall not attempt to independently make
a final determination of whether an alien is lawfully present
in the United States."
"§32-6-19
(a)(1) Any personindividual whose driver's or
chauffeur'sdriver license issued in this or another state or
whose driving privilege as a nonresident has been cancelled,
denied, suspended, or revoked as provided in this article and
who drivesoperates any motor vehicle upon the highways of this
state while his or her license or privilege is cancelled,
denied, suspended, or revoked shall be guilty of a misdemeanor
and upon conviction shall be punished by a fine of not less
than one hundred dollars ($100) nor more than five hundred
dollars ($500), and in addition thereto may be imprisoned for
not more than 180 days. In addition, the Secretary of the
Alabama State Law Enforcement Agency may suspend or revoke the
individual's license or driving privilege for an additional
period of six months.
(2)a. In addition to all fines, fees, costs, and
punishments under subdivision (1) and as otherwise prescribed
by law, there shall be imposed or assessed the court shall
impose an additional penalty of fifty dollars ($50) . The
penalty under this subdivision shall be distributed as
follows:
1. One-third to be placed in the Traffic Safety Trust
Fund and the.
2. One-third to the Peace OfficersOfficers' Standards
and Training Fund. Also, at the discretion of the Director of
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and Training Fund. Also, at the discretion of the Director of
Public Safety, the person's license may be revoked for an
additional revocation period of six months.
3. One-third to the law enforcement agency issuing the
citation.
(2)b. The additional penalty of fifty dollars ($50)
shall be assessed in all criminal and quasi-criminal
proceedings in municipal, district, and circuit courts,
including, but not limited to, final bond forfeitures,
municipal ordinances violations, proceedings whereinin which
the defendant is adjudged guilty or pleads guilty , and in all
juvenile delinquency and youthful offender adjudications.
(3)c. If the fifty dollar ($50) penalty required by
this subdivision (1) is not imposed by the court, the clerk of
the court shall automatically assess it upon conviction or
adjudication.
(b) Notwithstanding any provision of law, any person
who operates a motor vehicle is deemed a nuisance and may be
ordered to be impounded by a law enforcement officer if the
motor vehicle is driven upon the highways of this state and
any of the following conditions exist:
(1) The motor vehicle is operated by an individual
whose while his or her driver's driver license or driving
privilege is revoked for any reason under the laws of this
state or similar laws of any other state or territory , or
while.
(2) The motor vehicle is operated by an individual
whose his or her driver's driver license or driving privilege
is suspended as a consequence of a DUI-related offense,
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is suspended as a consequence of a DUI-related offense,
including, but not limited to, being adjudicated a delinquent
child or a youthful offender based on a DUI-related offense ,
or while.
(3) The motor vehicle is operated by an individual
whose his or her driver's driver license or driving privilege
is suspended as a result of failure to comply with the implied
consent law of this state or laws of another state, or who has
been adjudicated a delinquent child or a youthful offender
based on an offense that if the person had been an adult would
have been a conviction of driving under the influence of a
controlled substance or alcohol or failure to comply with the
implied consent law , shall be immediately removed from the
vehicle.
(4)a. Except as provided in paragraph b., the motor
vehicle is operated by an individual who is unable to produce
a valid driver license on demand of the law enforcement
officer, unless the officer is reasonably able, by other
means, to verify that the operator is properly licensed as
provided in Section 32-6-9. Prior to impounding the motor
vehicle, the law enforcement officer shall make a reasonable
attempt to verify the license status of the operator if the
operator claims to be licensed, but is unable to produce the
license on demand of the law enforcement officer. A notation
of the officer's attempt to verify that the operator is
properly licensed shall be noted on the incident offense
report. If the officer orders the vehicle to be impounded, the
operator and occupants of the vehicle shall be transported to
a place of safety by the impounding officer, and a report
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a place of safety by the impounding officer, and a report
shall be made with a full inventory of the items in the
vehicle.
b. A law enforcement officer shall not impound a motor
vehicle pursuant to this subsection if the driver license of
the operator expired within the preceding 180 calendar days
and, but for the expiration, the operator would have otherwise
been properly licensed and authorized to operate the motor
vehicle.
(c)The vehicle, regardless of ownership or possessory
interest of the operator or person present in the vehicle,
except when theA law enforcement officer shall not impound a
vehicle under any of the following circumstances:
(1) The owner of the vehicle or another family member
of the owner is present in the vehicle and presents, possesses
a valid driver'sdriver license, shall be impounded by any duly
sworn law enforcement officer and is otherwise able to lawfully
operate the motor vehicle .
(2)If thereThere is an emergency or medical necessity
jeopardizing life or limb , the law enforcement officer may
elect not to impound the vehicle .
(3) The operator is a health care provider or first
responder who is responding to an obligation to provide
treatment for a medical emergency.
(c)(d)(1) The law enforcement officer making the
impoundment shall direct an approved towing service to tow the
vehicle to the garage of the towing service, storage lot, or
other place of safety and maintain custody and control of the
vehicle until the registered owner or authorized agent of the
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vehicle until the registered owner or authorized agent of the
registered owner claims the vehicle by paying all reasonable
and customary towing and storage fees for the services of the
towing company. The vehicle shall then be released to the
registered owner or an agent of the owner subject to the
procedures of Section 32-6-19.1 .
(2) Any towing service or towing company removing the
vehicle at the direction of the law enforcement officer in
accordance with this section shall have a lien on the motor
vehicle for all reasonable and customary fees relating to the
towing and storage of the motor vehicle. This lien shall be
subject and subordinate to all prior security interests and
other liens affecting the vehicle whether evidenced on the
certificate of title or otherwise. Notice of any sale or other
proceedings relative to this lien shall be given to the
holders of all prior security interest or other liens by
official service of process at least 15 days prior to any sale
or other proceedings. "
Section 2. Section 32-6-19.1 is added to Division 1 of
Article 1 of Chapter 6 of Title 32 of the Code of Alabama
1975, to read as follows:
§32-6-19.1
(a) Except as provided in subsection (b), a motor
vehicle impounded pursuant to Section 32-6-19 may be redeemed
and released from impoundment upon the occurrence of all of
the following:
(1) The registered owner, or the owner's representative
as demonstrated by written notarized authorization, appears in
person before the law enforcement agency causing the
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person before the law enforcement agency causing the
impoundment and presents all of the following for verification
and copy by the agency:
a. A valid driver license.
b. Evidence of mandatory motor vehicle insurance as
required by Chapter 7A.
c. A copy of the certificate title, bill of sale, or
tag receipt of the vehicle.
(2) The individual, as described in subdivision (1),
redeeming the motor vehicle pays all reasonable and customary
towing and storage fees for the motor vehicle and all
administrative costs associated with the impounding of the
vehicle.
(b) A motor vehicle impounded pursuant to Section
32-6-19 may be redeemed and released from impoundment to any
lienholder, or the lienholder's representative, upon the
occurrence of all of the following:
(1) Presentation of a copy of the certificate of title
or other evidence documenting a valid lien on the impounded
motor vehicle.
(2) Payment of all reasonable and customary towing and
storage fees for the motor vehicle.
(3) Payment of all administrative costs associated with
the impounding of the vehicle.
(c) Any vehicle that is impounded pursuant to Section
32-6-19 and not redeemed pursuant to this section within 60
days of the date of impoundment shall be deemed an abandoned
motor vehicle and shall be sold or otherwise disposed of
pursuant to Chapter 13.
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pursuant to Chapter 13.
Section 3. A county or municipality may not provide
funds to any individual or entity for the purpose of providing
monetary or other assistance for the procurement of a driver
license or nondriver identification card, as provided under
Chapter 6 of Title 32 of the Code of Alabama 1975, and may not
issue to an individual any local government identification
card, unless the individual provides the same degree of proof
of identification required of applicants for driver licenses.
Section 4. This act shall become effective on October
1, 2025.
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