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Alabama House Bill HB575

Alabama 2025 Regular Session

Alabama House Bill HB575 Compare Versions

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33 HB575
44 I1URZ66-1
55 By Representatives Holk-Jones, Baker, Givens (N & P)
66 RFD: Local Legislation
77 First Read: 15-Apr-25
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1212 5 I1URZ66-1 02/13/2025 THR (L)THR 2024-3093
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1414 First Read: 15-Apr-25
1515 A BILL
1616 TO BE ENTITLED
1717 AN ACT
1818 Relating to Baldwin County; to authorize any
1919 municipality located in whole or in part in Baldwin County to
2020 operate an automated photographic speeding enforcement system;
2121 and to provide for the jurisdiction of civil fines issued
2222 pursuant to violations captured by an automated photographic
2323 speeding enforcement system.
2424 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2525 Section 1. For the purposes of this act, the following
2626 terms have the following meanings:
2727 (1) SYSTEM. Technology operated by a law enforcement
2828 officer that combines a manually operated camera system that
2929 works in conjunction with an electronically operated speed
3030 detection system to automatically record digital imaging of a
3131 motor vehicle while speeding.
3232 (2) TRAINED TECHNICIAN. A law enforcement officer who
3333 has been trained by a vendor that sells or maintains the
3434 system.
3535 (3) ZONE. A reduced speed school zone as described in
3636 Section 32-5A-182, Code of Alabama 1975, or a construction
3737 zone as described in Section 32-5A-176.1, Code of Alabama
3838 1975.
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6868 1975.
6969 Section 2. (a)(1) Any municipality located in whole or
7070 in part in Baldwin County, by ordinance, may operate a system
7171 to detect and record speeding violations that occur
7272 exclusively within a zone, issue notices of civil violations
7373 by mail, and prosecute civil violations for the recorded
7474 speeding violations which may occur within the corporate
7575 limits of the municipality as provided in this act.
7676 (2) A civil fine assessed under this act may not exceed
7777 one hundred ninety-five dollars ($195). At least ten dollars
7878 ($10) of each assessed fine shall be allocated to one of the
7979 following uses:
8080 a. Funding school resource officers.
8181 b. Implementing school safety plans.
8282 c. Implementing safety programs related to zones.
8383 (3) Municipal court costs may be assessed in the same
8484 manner and in the same amounts prescribed for municipal
8585 speeding violations prosecuted as a violation or misdemeanor.
8686 (4) Court costs and fines collected pursuant to this
8787 act shall be distributed as prescribed by municipal ordinance
8888 and by Section 4(i).
8989 (b) If a municipality adopts an ordinance to operate a
9090 system, the municipality shall do all of the following:
9191 (1) Post signs at a minimum of three roadway entry
9292 points to the municipality to provide motorists with notice
9393 that a system is in use.
9494 (2) At least 30 days prior to initially operating a
9595 system, make a public announcement and conduct a public
9696 awareness campaign regarding the use of the system.
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126126 awareness campaign regarding the use of the system.
127127 (3) Post signs warning of the use of a system within 50
128128 yards of each zone where a system is in use.
129129 Section 3. (a) Prior to imposing a civil penalty
130130 pursuant to this act, a municipality must first mail a notice
131131 of violation by certified U.S. mail, return receipt requested,
132132 to the owner of the motor vehicle that is recorded committing
133133 a speeding violation by the system. The notice must be sent no
134134 later than 30 days after the date the violation was recorded
135135 to the vehicle owner's registered address.
136136 (b) A notice of violation issued shall contain all of
137137 the following:
138138 (1) A description of the alleged speeding violation.
139139 (2) The date, time, and location of the alleged
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141141 (3) A copy of recorded images of the vehicle involved
142142 in the alleged violation.
143143 (4) The amount of the civil penalty to be imposed for
144144 the alleged violation.
145145 (5) The date by which the civil penalty must be paid.
146146 (6) A statement that the person named in the notice of
147147 violation may pay the civil penalty in lieu of appearing at an
148148 administrative adjudication hearing.
149149 (7) A statement of the person's right to contest the
150150 imposition of the civil penalty in an administrative
151151 adjudication.
152152 (8) The manner and time in which to contest the
153153 imposition of the civil penalty.
154154 (9) A statement that failure to either pay the civil
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184184 (9) A statement that failure to either pay the civil
185185 penalty or to contest liability is an admission of liability.
186186 (10) A statement that a recorded image is evidence in a
187187 proceeding for the imposition of a civil penalty.
188188 (11) A statement that failure to pay the civil penalty
189189 within the time allowed will result in the imposition of a
190190 late penalty not exceeding twenty-five dollars ($25).
191191 (c) A notice of violation is presumed to have been
192192 received on the 10th day after the date the notice was mailed.
193193 (d) A civil penalty must be paid within 40 days after
194194 the date the notice was mailed.
195195 (e) A municipality, in lieu of issuing a notice of
196196 violation, may mail a warning notice to the owner of the
197197 vehicle involved in the alleged violation.
198198 Section 4. (a)(1) In any municipality that adopts an
199199 ordinance pursuant to Section 2, the municipal court is vested
200200 with the power and jurisdiction to hear and adjudicate civil
201201 violations and issue orders imposing civil fines and costs as
202202 provided in this act.
203203 (2) A municipality, by ordinance, may authorize the
204204 municipal court to hold adjudicative hearings concurrently
205205 with the court's regular docket or to set a special docket for
206206 adjudicative hearings.
207207 (b) A person who receives a notice of violation may
208208 contest the imposition of the civil fine by submitting a
209209 request for a hearing on the adjudication of the civil
210210 violation, in writing, within 25 days after the date the
211211 notice of violation was mailed.
212212 (c) Upon receipt of a timely request, the municipal
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242242 (c) Upon receipt of a timely request, the municipal
243243 court shall notify the person of the date, time, and location
244244 of the adjudicative hearing by U.S. mail.
245245 (d) Failure to either pay a civil penalty or to contest
246246 liability in a timely manner is an admission of liability in
247247 the full amount of the civil fine assessed in the notice of
248248 violation.
249249 (e) The civil fine may not be assessed if, after an
250250 adjudicative hearing, the municipal judge enters a finding of
251251 no liability.
252252 (f) If an adjudicative hearing is requested, the
253253 municipality shall have the burden of proving the speeding
254254 violation by a preponderance of the evidence. The reliability
255255 of the system used to produce a recorded image of the
256256 violation may be attested to by affidavit of a trained
257257 technician. An affidavit of a trained technician that alleges
258258 a violation based on an inspection of the pertinent recorded
259259 image is admissible in a proceeding under this act and is
260260 evidence of the facts contained in the affidavit.
261261 (g)(1) In an adjudicative hearing held pursuant to this
262262 act, all of the following shall be admissible into evidence
263263 without foundation unless the municipal court finds there is
264264 an indication of untrustworthiness:
265265 a. The notice of violation.
266266 b. The recorded or reproduced images of the alleged
267267 violation accompanied by a certification of authenticity by a
268268 trained technician, regardless of the media on which the
269269 images were recorded.
270270 c. Evidence of ownership of a vehicle as shown by
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300300 c. Evidence of ownership of a vehicle as shown by
301301 copies or summaries of official records.
302302 (2) If the municipal court finds there is an indication
303303 of untrustworthiness with an item listed in this subsection,
304304 the municipality shall be given a reasonable opportunity to
305305 lay an evidentiary foundation.
306306 (h) All other matters of evidence and procedure not
307307 specifically addressed in this act shall be subject to the
308308 rules of evidence and the rules of procedure as they apply in
309309 the small claims courts of this state, except that on any
310310 appeal to the Baldwin County Circuit Court for trial de novo
311311 the evidence and procedures shall be as for any civil case in
312312 the circuit court except as otherwise provided in this act.
313313 (i)(1) A person who is found liable for a civil
314314 violation after an adjudicative hearing or who requests an
315315 adjudicative hearing and fails to appear at the time and place
316316 of the hearing is liable for court costs and fees as set out
317317 in this act in addition to the amount of the civil fine
318318 assessed for the violation.
319319 (2) A person who is found liable for a civil violation
320320 after an adjudicative hearing shall pay the civil fine and
321321 court costs within 10 days after the adjudicative hearing, and
322322 the municipality shall remit twenty-five dollars ($25) from
323323 the court costs paid to the State General Fund.
324324 (j) Whenever payment of a civil fine is owed to a
325325 municipality, the amount of the civil fine as set by ordinance
326326 may not be increased, decreased, or remitted by the municipal
327327 court, and the liability may be satisfied only by payment.
328328 (k) Any of the following shall be an affirmative
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358358 (k) Any of the following shall be an affirmative
359359 defense to the imposition of civil liability under this act,
360360 to be proven by a preponderance of the evidence:
361361 (1) The operator of the motor vehicle was acting in
362362 compliance with the lawful order or direction of a law
363363 enforcement officer.
364364 (2) The motor vehicle was being operated as an
365365 authorized emergency vehicle under Sections 32-5-213 and
366366 32-5A-7, Code of Alabama 1975.
367367 (3) The motor vehicle was stolen or being operated by a
368368 person other than the owner of the vehicle without the
369369 effective consent of the owner.
370370 (4) The license plate depicted in the recorded image of
371371 the violation was a stolen plate and being displayed on a
372372 motor vehicle other than the motor vehicle for which the plate
373373 had been issued.
374374 (5) The person who received the notice of violation was
375375 not the owner of the motor vehicle at the time of the
376376 violation.
377377 (l) To demonstrate that at the time of the violation
378378 the motor vehicle was a stolen vehicle or the license plate
379379 displayed on the motor vehicle was a stolen plate, the owner
380380 must submit proof acceptable to the hearing officer that the
381381 theft of the vehicle or license plate, prior to the time of
382382 the violation, had been timely reported to the appropriate law
383383 enforcement agency.
384384 (m) Notwithstanding anything in this act to the
385385 contrary, a person who fails to pay the amount of a civil fine
386386 or to contest liability in a timely manner is entitled to an
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416416 or to contest liability in a timely manner is entitled to an
417417 adjudicative hearing on the alleged violation if the person:
418418 (1) Files an affidavit with the hearing officer stating
419419 the date on which the person received the notice of violation
420420 that was mailed to the person, if not received by the 10th day
421421 after the notice was mailed as provided in Section 3; and
422422 (2) Within 15 days after the date of actual receipt,
423423 requests an adjudicative hearing.
424424 Section 5. (a) Following an adjudicative hearing, the
425425 municipal court judge shall issue an order stating the
426426 following:
427427 (1) Whether the person charged with the civil violation
428428 is liable for the violation.
429429 (2) The amount of the civil fine, fees, or costs of
430430 court assessed against the person.
431431 (b) An order issued pursuant to this section may be
432432 filed in the office of the judge of probate and shall operate
433433 as a judicial lien in the same manner and with the same weight
434434 and effect as any other civil judgment filed with the judge of
435435 probate.
436436 (c) A person who is found liable after an adjudicative
437437 hearing may appeal that finding of civil liability to the
438438 Circuit Court of Baldwin County by filing a notice of appeal
439439 with the clerk of the municipal court. The notice of appeal
440440 must be filed within 14 days after the date on which the
441441 municipal court judge entered the finding of liability. The
442442 filing of a notice of appeal shall stay the enforcement of the
443443 civil fine penalty. An appeal shall be determined by the
444444 circuit court by trial de novo.
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474474 circuit court by trial de novo.
475475 Section 6. The circuit court hearing an appeal pursuant
476476 to this act shall use the procedures that apply to criminal
477477 convictions in municipal court with all of the following
478478 qualifications:
479479 (1) The proceedings shall retain their civil nature on
480480 appeal with the circuit court applying the preponderance of
481481 the evidence standard.
482482 (2) If the person is adjudicated by the circuit court
483483 to be responsible for payment of the civil fine, circuit court
484484 costs shall be owed by the person adjudicated responsible,
485485 with all of those court costs retained by the circuit court.
486486 Court costs in the circuit court shall be calculated and
487487 distributed in the same manner as court costs for criminal
488488 appeals from the municipal court, and in the event the circuit
489489 court finds the person appealing not to be responsible, no
490490 municipal court costs shall be owed to the municipality.
491491 (3) Regardless of the civil nature of the proceedings,
492492 the circuit court may assign case numbers in the same manner
493493 as for criminal appeals and place an appeal on the criminal
494494 docket in the same manner as criminal appeals from municipal
495495 court.
496496 (4) The circuit court shall sit as trier of both fact
497497 and law in the civil proceedings of the circuit court.
498498 (5) The municipality shall be responsible for providing
499499 an attorney to represent the municipality and to prosecute the
500500 civil proceedings in the circuit court.
501501 Section 7. If the evidence produced by a system does
502502 not produce an image of the license plate with sufficient
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532532 not produce an image of the license plate with sufficient
533533 clarity for a licensed technician to determine the identity of
534534 the owner, then no notice of violation may be issued pursuant
535535 to this act.
536536 Section 8. (a) A municipality, by ordinance, may
537537 provide that a late fee not exceeding twenty-five dollars
538538 ($25) shall attach to untimely paid civil fines authorized by
539539 this act.
540540 (b) No person may be arrested or incarcerated for
541541 nonpayment of a civil fine or late fee authorized by this act.
542542 (c) No record of an adjudication of civil violation
543543 made under this act may be listed, entered, or reported on any
544544 criminal record or driving record, whether the record is
545545 maintained by the municipality or an outside entity.
546546 (d) An adjudication of a civil violation provided by
547547 this act may not be considered a conviction for any purpose,
548548 may not be considered a moving violation, may not be used to
549549 increase or enhance punishment for any subsequent offense of a
550550 criminal nature, and may not be used by any insurance company
551551 to determine or affect premiums or rates unless an accident
552552 occurred due to the violation.
553553 (e) The fact that a person is held liable or
554554 responsible for a civil fine for a speeding violation may not
555555 be used as evidence that the person was guilty of negligence
556556 or other culpable conduct. Any evidence generated by a system
557557 may only be used as evidence in other proceedings if it is or
558558 becomes admissible under the rules of evidence applicable to
559559 the proceeding.
560560 Section 9. A municipality shall keep statistical data
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590590 Section 9. A municipality shall keep statistical data
591591 regarding the number of notices of violation issued and shall
592592 communicate the data on an annual basis to the Department of
593593 Transportation.
594594 Section 10. No civil penalty may be imposed and no
595595 adjudication of liability for a civil violation may be made
596596 under this act if the operator of the vehicle was arrested or
597597 was issued a citation and notice to appear by a sworn police
598598 officer for a criminal violation under Article 8 of Chapter 5A
599599 of Title 32, Code of Alabama 1975, or any municipal ordinance
600600 that embraces or incorporates the statutes contained in that
601601 article, and that occurred simultaneously with and under the
602602 same set of circumstances that were recorded by the system.
603603 Section 11. (a) Any person against whom an adjudication
604604 of liability for a civil violation is made pursuant to this
605605 act and who pays the civil fine imposed by the adjudication
606606 shall have a cause of action against any person who may be
607607 shown to have been operating the vehicle recorded at the time
608608 of the violation for the amount of the civil fine paid, any
609609 consequential or compensatory damages, and reasonable attorney
610610 fees, without regard to the rules regarding joint and several
611611 liability, contribution, or indemnity.
612612 (b) Prior to bringing a civil action pursuant to this
613613 section, the person held responsible for payment of the civil
614614 fine must first make written demand on the other person for
615615 reimbursement, giving a minimum of 60 days to remit payment.
616616 (c) If reimbursement is fully made within the 60-day
617617 period then the cause of action shall be extinguished and no
618618 attorney fees or other damages may attach to the
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648648 attorney fees or other damages may attach to the
649649 reimbursement.
650650 (d) Any cause of action brought pursuant to this
651651 section must be commenced within two years from the date of
652652 the payment of the civil fine.
653653 Section 12. This act shall become effective on June 1,
654654 2025.
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