Alabama 2025 Regular Session

Alabama House Bill HB304 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB304ENGROSSED~~
	1	+	HB304INTRODUCED
2	2		Page 0
3	3		HB304
4		-	~~V77B9PP-2~~
	4	+	G37PR66-1
5	5		By Representatives Kiel, Marques, Colvin, Fidler, Ross,
6	6		Robbins
7	7		RFD: Public Safety and Homeland Security
8	8		First Read: 18-Feb-25
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14		-	6 ~~HB304 Engrossed~~
	14	+	6 G37PR66-1 02/18/2025 CMH (L)bm 2024-2701
15	15		Page 1
16	16		First Read: 18-Feb-25
	17	+	SYNOPSIS:
	18	+	Under existing law, every operator of a motor
	19	+	vehicle is required to possess his or her driver
	20	+	license or driving permit and display the license or
	21	+	permit to an arresting officer upon request.
	22	+	Also under existing law, an officer who arrests
	23	+	an individual for driving while intoxicated or while
	24	+	driving with a suspended, canceled, revoked, or denied
	25	+	driver license may impound the vehicle, with
	26	+	exceptions.
	27	+	This bill would further provide for the
	28	+	authority to impound a motor vehicle when an individual
	29	+	unlawfully operates the vehicle without having been
	30	+	issued a driver license, with exceptions.
	31	+	This bill would further provide for the process
	32	+	to redeem an impounded motor vehicle.
	33	+	This bill would also provide restrictions on the
	34	+	issuance of local government identification cards.
17	35		A BILL
18	36		TO BE ENTITLED
19	37		AN ACT
20	38		Relating to driver licenses; to amend Sections 32-6-9
21		-	and 32-6-19, Code of Alabama 1975, to further provide for the
22		-	conditions under which a motor vehicle is subject to
23		-	impoundment and further provide procedures for the
24		-	impoundment; to add Section 32-6-19.1 to the Code of Alabama
25		-	1975, to further provide for the redemption and disposal of an
26		-	impounded vehicle; and to provide prohibitions against the
27		-	issuance of local government identification cards.
28		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
29		-	Section 1. Sections 32-6-9 and 32-6-19, Code of Alabama
30		-	1975, are amended to read as follows:
31		-	"§32-6-9
32		-	(a) Every licensee operator of a motor vehicle shall
33		-	have his or her driver license in his or her immediate
34		-	possession at all times when driving a motor vehicle and shall
35		-	display the same,license upon the demand of a judge of any
36		-	court or, a peacelaw enforcement officer, or a state trooper .
37		-	(b) No individual However, no person charged with
38		-	violating this section shall be convicted if he or she
39		-	produces in court or the office of the arresting officer a
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67		-	28 HB304 ~~Engrossed~~
	66	+	28 HB304 INTRODUCED
68	67		Page 2
	68	+	Relating to driver licenses; to amend Sections 32-6-9
	69	+	and 32-6-19, Code of Alabama 1975, to further provide for the
	70	+	conditions under which a motor vehicle is subject to
	71	+	impoundment and further provide procedures for the
	72	+	impoundment; to add Section 32-6-19.1 to the Code of Alabama
	73	+	1975, to further provide for the redemption and disposal of an
	74	+	impounded vehicle; and to provide prohibitions against the
	75	+	issuance of local government identification cards.
	76	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	77	+	Section 1. Sections 32-6-9 and 32-6-19, Code of Alabama
	78	+	1975, are amended to read as follows:
	79	+	"§32-6-9
	80	+	(a) Every licensee operator of a motor vehicle shall
	81	+	have his or her driver license in his or her immediate
	82	+	possession at all times when driving a motor vehicle and shall
	83	+	display the same,license upon the demand of a judge of any
	84	+	court or, a peacelaw enforcement officer, or a state trooper .
	85	+	(b) No individual However, no person charged with
	86	+	violating this section shall be convicted if he or she
69	87		produces in court or the office of the arresting officer a
70	88		driver'sdriver license that wastheretofore issued to him or
71	89		her and valid at the time of his or her arrest.
72	90		(b)(c)(1) For every personindividual found in violation
73	91		of this section or Section 32-6-1, a reasonable effort shall
74	92		be made as soon as possible, but not later than within 48
75	93		hours, to determine the citizenship of the personindividual
76	94		and if an alien, whether the alienindividual is lawfully
77	95		present in the United States by verification with the federal
78	96		government pursuant to 8 U.S.C. § 1373(c).
79		-	(2) An officer shall not attempt to independently make
80		-	a final determination of whether an alien is lawfully present
81		-	in the United States."
82		-	"§32-6-19
83		-	(a)(1) Any personindividual whose driver's or
84		-	chauffeur'sdriver license issued in this or another state or
85		-	whose driving privilege as a nonresident has been cancelled,
86		-	denied, suspended, or revoked as provided in this article and
87		-	who drivesoperates any motor vehicle upon the highways of this
88		-	state while his or her license or privilege is cancelled,
89		-	denied, suspended, or revoked shall be guilty of a misdemeanor
90		-	and upon conviction shall be punished by a fine of not less
91		-	than one hundred dollars ($100) nor more than five hundred
92		-	dollars ($500), and in addition thereto may be imprisoned for
93		-	not more than 180 days. In addition, the Secretary of the
94		-	Alabama State Law Enforcement Agency may suspend or revoke the
95		-	individual's license or driving privilege for an additional
96		-	period of six months.
97		-	(2)a. In addition to all fines, fees, costs, and
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	124	+	56 HB304 INTRODUCED
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	126	+	government pursuant to 8 U.S.C. § 1373(c).
	127	+	(2) An officer shall not attempt to independently make
	128	+	a final determination of whether an alien is lawfully present
	129	+	in the United States."
	130	+	"§32-6-19
	131	+	(a)(1) Any personindividual whose driver's or
	132	+	chauffeur'sdriver license issued in this or another state or
	133	+	whose driving privilege as a nonresident has been cancelled,
	134	+	denied, suspended, or revoked as provided in this article and
	135	+	who drivesoperates any motor vehicle upon the highways of this
	136	+	state while his or her license or privilege is cancelled,
	137	+	denied, suspended, or revoked shall be guilty of a misdemeanor
	138	+	and upon conviction shall be punished by a fine of not less
	139	+	than one hundred dollars ($100) nor more than five hundred
	140	+	dollars ($500), and in addition thereto may be imprisoned for
	141	+	not more than 180 days. In addition, the Secretary of the
	142	+	Alabama State Law Enforcement Agency may suspend or revoke the
	143	+	individual's license or driving privilege for an additional
	144	+	period of six months.
127	145		(2)a. In addition to all fines, fees, costs, and
128	146		punishments under subdivision (1) and as otherwise prescribed
129	147		by law, there shall be imposed or assessed the court shall
130		-	impose an additional penalty of fifty dollars ($50) which
131		-	shall be distributed as follows:
132		-	1. Fifty percent to be placed in the Traffic Safety
133		-	Trust Fund and the.
134		-	2. Fifty percent to the Peace OfficersOfficers'
135		-	Standards and Training Fund. Also, at the discretion of the
136		-	Director of Public Safety, the person's license may be revoked
137		-	for an additional revocation period of six months(2)
138		-	b. The additional penalty of fifty dollars ($50) shall
139		-	be assessed in all criminal and quasi-criminal proceedings in
140		-	municipal, district, and circuit courts, including, but not
141		-	limited to, final bond forfeitures, municipal ordinances
142		-	violations, proceedings whereinin which the defendant is
143		-	adjudged guilty or pleads guilty , and in all juvenile
144		-	delinquency and youthful offender adjudications.
145		-	(3)c. If the fifty dollar ($50) penalty required by
146		-	this subdivision (1) is not imposed by the court, the clerk of
147		-	the court shall automatically assess it upon conviction or
148		-	adjudication.
149		-	(b) Notwithstanding any provision of law, any person
150		-	who operates except as provided in subdivision (4), a motor
151		-	vehicle is deemed a nuisance and shall be ordered to be
152		-	impounded by a law enforcement officer if the motor vehicle is
153		-	driven upon the highways of this state and any of the
154		-	following conditions exist:
155		-	(1) The motor vehicle is operated by an individual
	148	+	impose an additional penalty of fifty dollars ($50) . The
	149	+	penalty under this subdivision shall be distributed as
	150	+	follows:
	151	+	1. One-third to be placed in the Traffic Safety Trust
	152	+	Fund and the.
	153	+	2. One-third to the Peace OfficersOfficers' Standards
	154	+	and Training Fund. Also, at the discretion of the Director of
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	184	+	and Training Fund. Also, at the discretion of the Director of
	185	+	Public Safety, the person's license may be revoked for an
	186	+	additional revocation period of six months.
	187	+	3. One-third to the law enforcement agency issuing the
	188	+	citation.
	189	+	(2)b. The additional penalty of fifty dollars ($50)
	190	+	shall be assessed in all criminal and quasi-criminal
	191	+	proceedings in municipal, district, and circuit courts,
	192	+	including, but not limited to, final bond forfeitures,
	193	+	municipal ordinances violations, proceedings whereinin which
	194	+	the defendant is adjudged guilty or pleads guilty , and in all
	195	+	juvenile delinquency and youthful offender adjudications.
	196	+	(3)c. If the fifty dollar ($50) penalty required by
	197	+	this subdivision (1) is not imposed by the court, the clerk of
	198	+	the court shall automatically assess it upon conviction or
	199	+	adjudication.
	200	+	(b) Notwithstanding any provision of law, any person
	201	+	who operates a motor vehicle is deemed a nuisance and may be
	202	+	ordered to be impounded by a law enforcement officer if the
	203	+	motor vehicle is driven upon the highways of this state and
	204	+	any of the following conditions exist:
185	205		(1) The motor vehicle is operated by an individual
186	206		whose while his or her driver's driver license or driving
187	207		privilege is revoked for any reason under the laws of this
188	208		state or similar laws of any other state or territory , or
189	209		while.
190	210		(2) The motor vehicle is operated by an individual
191	211		whose his or her driver's driver license or driving privilege
192	212		is suspended as a consequence of a DUI-related offense,
193		-	including, but not limited to, being adjudicated a delinquent
194		-	child or a youthful offender based on a DUI-related offense ,
195		-	or while.
196		-	(3) The motor vehicle is operated by an individual
197		-	whose his or her driver's driver license or driving privilege
198		-	is suspended as a result of failure to comply with the implied
199		-	consent law of this state or laws of another state, or who has
200		-	been adjudicated a delinquent child or a youthful offender
201		-	based on an offense that if the person had been an adult would
202		-	have been a conviction of driving under the influence of a
203		-	controlled substance or alcohol or failure to comply with the
204		-	implied consent law , shall be immediately removed from the
205		-	vehicle.
206		-	(4)a. Except as provided in paragraph b., if the motor
207		-	vehicle is operated by an individual who is unable to produce
208		-	a valid driver license on demand of the law enforcement
209		-	officer, the law enforcement officer may cause the motor
210		-	vehicle to be impounded unless the officer is reasonably able,
211		-	by other means, to verify that the operator is properly
212		-	licensed as provided in Section 32-6-9. Prior to impounding
213		-	the motor vehicle, the law enforcement officer shall make a
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	240	+	112 HB304 INTRODUCED
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243		-	the motor vehicle, the law enforcement officer shall make a
244		-	reasonable attempt to verify the license status of the
245		-	operator if the operator claims to be licensed, but is unable
246		-	to produce the license on demand of the law enforcement
247		-	officer. A notation of the officer's attempt to verify that
248		-	the operator is properly licensed shall be noted on the
249		-	incident offense report. If the officer orders the vehicle to
250		-	be impounded, the operator and occupants of the vehicle shall
251		-	be transported to a place of safety by the impounding officer,
252		-	and a report shall be made with a full inventory of the items
253		-	in the vehicle.
254		-	b. A law enforcement officer shall not impound a motor
255		-	vehicle pursuant to this subsection if the driver license of
256		-	the operator expired within the preceding 180 calendar days
257		-	and, but for the expiration, the operator would have otherwise
258		-	been properly licensed and authorized to operate the motor
	242	+	is suspended as a consequence of a DUI-related offense,
	243	+	including, but not limited to, being adjudicated a delinquent
	244	+	child or a youthful offender based on a DUI-related offense ,
	245	+	or while.
	246	+	(3) The motor vehicle is operated by an individual
	247	+	whose his or her driver's driver license or driving privilege
	248	+	is suspended as a result of failure to comply with the implied
	249	+	consent law of this state or laws of another state, or who has
	250	+	been adjudicated a delinquent child or a youthful offender
	251	+	based on an offense that if the person had been an adult would
	252	+	have been a conviction of driving under the influence of a
	253	+	controlled substance or alcohol or failure to comply with the
	254	+	implied consent law , shall be immediately removed from the
259	255		vehicle.
260		-	(c)The vehicle, regardless of ownership or possessory
261		-	interest of the operator or person present in the vehicle,
262		-	except when theA law enforcement officer shall not impound a
263		-	vehicle under any of the following circumstances:
264		-	(1) The owner of the vehicle or another family member
265		-	of the owner is present in the vehicle and presents, possesses
266		-	a valid driver'sdriver license, shall be impounded by any duly
267		-	sworn law enforcement officer and is otherwise able to lawfully
268		-	operate the motor vehicle .
269		-	(2)If thereThere is an emergency or medical necessity
270		-	jeopardizing life or limb , the law enforcement officer may
271		-	elect not to impound the vehicle .
	256	+	(4)a. Except as provided in paragraph b., the motor
	257	+	vehicle is operated by an individual who is unable to produce
	258	+	a valid driver license on demand of the law enforcement
	259	+	officer, unless the officer is reasonably able, by other
	260	+	means, to verify that the operator is properly licensed as
	261	+	provided in Section 32-6-9. Prior to impounding the motor
	262	+	vehicle, the law enforcement officer shall make a reasonable
	263	+	attempt to verify the license status of the operator if the
	264	+	operator claims to be licensed, but is unable to produce the
	265	+	license on demand of the law enforcement officer. A notation
	266	+	of the officer's attempt to verify that the operator is
	267	+	properly licensed shall be noted on the incident offense
	268	+	report. If the officer orders the vehicle to be impounded, the
	269	+	operator and occupants of the vehicle shall be transported to
	270	+	a place of safety by the impounding officer, and a report
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	300	+	a place of safety by the impounding officer, and a report
	301	+	shall be made with a full inventory of the items in the
	302	+	vehicle.
	303	+	b. A law enforcement officer shall not impound a motor
	304	+	vehicle pursuant to this subsection if the driver license of
	305	+	the operator expired within the preceding 180 calendar days
	306	+	and, but for the expiration, the operator would have otherwise
	307	+	been properly licensed and authorized to operate the motor
	308	+	vehicle.
	309	+	(c)The vehicle, regardless of ownership or possessory
	310	+	interest of the operator or person present in the vehicle,
	311	+	except when theA law enforcement officer shall not impound a
	312	+	vehicle under any of the following circumstances:
	313	+	(1) The owner of the vehicle or another family member
	314	+	of the owner is present in the vehicle and presents, possesses
	315	+	a valid driver'sdriver license, shall be impounded by any duly
	316	+	sworn law enforcement officer and is otherwise able to lawfully
	317	+	operate the motor vehicle .
	318	+	(2)If thereThere is an emergency or medical necessity
	319	+	jeopardizing life or limb , the law enforcement officer may
301	320		elect not to impound the vehicle .
302	321		(3) The operator is a health care provider or first
303	322		responder who is responding to an obligation to provide
304	323		treatment for a medical emergency.
305	324		(c)(d)(1) The law enforcement officer making the
306	325		impoundment shall direct an approved towing service to tow the
307	326		vehicle to the garage of the towing service, storage lot, or
308	327		other place of safety and maintain custody and control of the
309	328		vehicle until the registered owner or authorized agent of the
310		-	registered owner claims the vehicle by paying all reasonable
311		-	and customary towing and storage fees for the services of the
312		-	towing company. The vehicle shall then be released to the
313		-	registered owner or an agent of the owner subject to the
314		-	procedures of Section 32-6-19.1 .
315		-	(2) Any towing service or towing company removing the
316		-	vehicle at the direction of the law enforcement officer in
317		-	accordance with this section shall have a lien on the motor
318		-	vehicle for all reasonable and customary fees relating to the
319		-	towing and storage of the motor vehicle. This lien shall be
320		-	subject and subordinate to all prior security interests and
321		-	other liens affecting the vehicle whether evidenced on the
322		-	certificate of title or otherwise. Notice of any sale or other
323		-	proceedings relative to this lien shall be given to the
324		-	holders of all prior security interest or other liens by
325		-	official service of process at least 15 days prior to any sale
326		-	or other proceedings. "
327		-	Section 2. Section 32-6-19.1 is added to Division 1 of
328		-	Article 1 of Chapter 6 of Title 32 of the Code of Alabama
329		-	1975, to read as follows:
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	358	+	vehicle until the registered owner or authorized agent of the
	359	+	registered owner claims the vehicle by paying all reasonable
	360	+	and customary towing and storage fees for the services of the
	361	+	towing company. The vehicle shall then be released to the
	362	+	registered owner or an agent of the owner subject to the
	363	+	procedures of Section 32-6-19.1 .
	364	+	(2) Any towing service or towing company removing the
	365	+	vehicle at the direction of the law enforcement officer in
	366	+	accordance with this section shall have a lien on the motor
	367	+	vehicle for all reasonable and customary fees relating to the
	368	+	towing and storage of the motor vehicle. This lien shall be
	369	+	subject and subordinate to all prior security interests and
	370	+	other liens affecting the vehicle whether evidenced on the
	371	+	certificate of title or otherwise. Notice of any sale or other
	372	+	proceedings relative to this lien shall be given to the
	373	+	holders of all prior security interest or other liens by
	374	+	official service of process at least 15 days prior to any sale
	375	+	or other proceedings. "
	376	+	Section 2. Section 32-6-19.1 is added to Division 1 of
	377	+	Article 1 of Chapter 6 of Title 32 of the Code of Alabama
359	378		1975, to read as follows:
360	379		§32-6-19.1
361	380		(a) Except as provided in subsection (b), a motor
362	381		vehicle impounded pursuant to Section 32-6-19 may be redeemed
363	382		and released from impoundment upon the occurrence of all of
364	383		the following:
365	384		(1) The registered owner, or the owner's representative
366	385		as demonstrated by written notarized authorization, appears in
367	386		person before the law enforcement agency causing the
368		-	impoundment and presents all of the following for verification
369		-	and copy by the agency:
370		-	a. A valid driver license.
371		-	b. Evidence of mandatory motor vehicle insurance as
372		-	required by Chapter 7A.
373		-	c. A copy of the certificate title, bill of sale, or
374		-	tag receipt of the vehicle.
375		-	(2) The individual, as described in subdivision (1),
376		-	redeeming the motor vehicle pays all reasonable and customary
377		-	towing and storage fees for the motor vehicle and all
378		-	administrative costs associated with the impounding of the
379		-	vehicle.
380		-	(b) A motor vehicle impounded pursuant to Section
381		-	32-6-19 may be redeemed and released from impoundment to any
382		-	lienholder, or the lienholder's representative, upon the
383		-	occurrence of all of the following:
384		-	(1) Presentation of a copy of the certificate of title
385		-	or other evidence documenting a valid lien on the impounded
386		-	motor vehicle.
387		-	(2) Payment of all reasonable and customary towing and
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404	403		185
405	404		186
406	405		187
407	406		188
408	407		189
409	408		190
410	409		191
411	410		192
412	411		193
413	412		194
414	413		195
415		-	196 HB304 ~~Engrossed~~
	414	+	196 HB304 INTRODUCED
416	415		Page 8
	416	+	person before the law enforcement agency causing the
	417	+	impoundment and presents all of the following for verification
	418	+	and copy by the agency:
	419	+	a. A valid driver license.
	420	+	b. Evidence of mandatory motor vehicle insurance as
	421	+	required by Chapter 7A.
	422	+	c. A copy of the certificate title, bill of sale, or
	423	+	tag receipt of the vehicle.
	424	+	(2) The individual, as described in subdivision (1),
	425	+	redeeming the motor vehicle pays all reasonable and customary
	426	+	towing and storage fees for the motor vehicle and all
	427	+	administrative costs associated with the impounding of the
	428	+	vehicle.
	429	+	(b) A motor vehicle impounded pursuant to Section
	430	+	32-6-19 may be redeemed and released from impoundment to any
	431	+	lienholder, or the lienholder's representative, upon the
	432	+	occurrence of all of the following:
	433	+	(1) Presentation of a copy of the certificate of title
	434	+	or other evidence documenting a valid lien on the impounded
	435	+	motor vehicle.
417	436		(2) Payment of all reasonable and customary towing and
418	437		storage fees for the motor vehicle.
419	438		(3) Payment of all administrative costs associated with
420	439		the impounding of the vehicle.
421	440		(c) Any vehicle that is impounded pursuant to Section
422	441		32-6-19 and not redeemed pursuant to this section within 60
423		-	days of the date of impoundment shall be sold or otherwise
424		-	disposed of pursuant to the unclaimed and abandoned motor
425		-	vehicle procedures of Section 32-8-84 and Chapter 13 of this
426		-	title.
427		-	Section 3. A county or municipality may not provide
428		-	funds to any individual or entity for the purpose of providing
429		-	monetary or other assistance for the procurement of a driver
430		-	license or nondriver identification card, as provided under
431		-	Chapter 6 of Title 32 of the Code of Alabama 1975, and may not
432		-	issue to an individual any local government identification
433		-	card, unless the individual provides the same degree of proof
434		-	of identification required of applicants for driver licenses.
435		-	Section 4. This act shall become effective on October
436		-	1, 2025.
	442	+	days of the date of impoundment shall be deemed an abandoned
	443	+	motor vehicle and shall be sold or otherwise disposed of
	444	+	pursuant to Chapter 13.
437	445		197
438	446		198
439	447		199
440	448		200
441	449		201
442	450		202
443	451		203
444	452		204
445	453		205
446	454		206
447	455		207
448	456		208
449	457		209
450	458		210
451	459		211
452	460		212
453	461		213
454	462		214
455		-	215 HB304 Engrossed
456		-	Page 9
457		-	1, 2025.
458		-	House of Representatives
459		-	Read for the first time and referred
460		-	to the House of Representatives
461		-	committee on Public Safety and
462		-	Homeland Security
463		-	................18-Feb-25
464		-	Read for the second time and placed
465		-	on the calendar:
466		-	1 amendment
467		-	................27-Feb-25
468		-	Read for the third time and passed
469		-	as amended
470		-	Yeas 72
471		-	Nays 14
472		-	Abstains 16
473		-	................06-Mar-25
474		-	John Treadwell
475		-	Clerk
	463	+	215
476	464		216
477	465		217
478	466		218
479	467		219
480	468		220
481	469		221
482	470		222
483	471		223
484		-	224
	472	+	224 HB304 INTRODUCED
	473	+	Page 9
	474	+	pursuant to Chapter 13.
	475	+	Section 3. A county or municipality may not provide
	476	+	funds to any individual or entity for the purpose of providing
	477	+	monetary or other assistance for the procurement of a driver
	478	+	license or nondriver identification card, as provided under
	479	+	Chapter 6 of Title 32 of the Code of Alabama 1975, and may not
	480	+	issue to an individual any local government identification
	481	+	card, unless the individual provides the same degree of proof
	482	+	of identification required of applicants for driver licenses.
	483	+	Section 4. This act shall become effective on October
	484	+	1, 2025.
485	485		225
486	486		226
487	487		227
488	488		228
489	489		229
490	490		230
491	491		231
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493	493		233
494	494		234
495		-	235
496		-	236
497		-	237