HB120 Alabama 2011 Session

Summary

Primary Sponsor

Harry Shiver

Republican

Co-Sponsors

Kerry RichTerri CollinsWilliam RobertsLynn GreerDan WilliamsPaul W. Lee

Session

Regular Session 2011

Title

Motor vehicles, driving without a license, arresting law enforcement officer required to transport person to nearest magistrate, verification of lawful immigration status, bond required under certain circumstances, Sec. 32-6-9 am'd.

Summary

HB120 would require officers to transport someone arrested for driving without a license to the nearest magistrate, verify immigration status with DHS and impose bond/detention rules for illegal entrants, and add a constitutional local-funding provision.

What This Bill Does

If a person is arrested for driving without a license and the officer cannot verify a valid license, the officer must transport the person to the nearest magistrate. For foreign nationals, authorities must verify lawful immigration status with DHS; if status cannot be verified, the person must post a $500 bond or be detained as a flight risk until prosecution or handover to federal authorities. The bill includes a constitutional change that would require a 2/3 vote (or approval by the affected local entity, or funding provided by the Legislature) for any general law that would create or increase local government expenditures. The act would take effect on the first day of the third month after its passage and governor's approval.

Who It Affects

• Group 1: People arrested for driving without a license, including foreign nationals, who may be transported to a magistrate, have their immigration status checked, and could face a $500 bond or detention if status cannot be verified or if they cannot post bond.
• Group 2: Local governments and their law enforcement/jail staff, who would be required to perform the new verification and detention procedures and would be affected by the local-funding expenditure rules in the constitutional amendment.

Key Provisions

• Amends Section 32-6-9 to require licensees to carry and display their license and to transport the arrestee to the nearest magistrate if the license cannot be verified.
• Requires foreign nationals' lawful immigration status to be verified; if verification cannot be made from documents in possession, verification must be obtained within 14 days via DHS's Law Enforcement Support Center or a designated DHS office; if status cannot be verified, notify DHS and require a $500 bond or detention as a flight risk until prosecution or handover to federal authorities.
• Adds for local funding: the act would be considered a new or increased local expenditure, triggering Amendment 621’s 2/3 vote requirement unless an exception applies, or the local entity approves the expenditure or the Legislature provides funding.
• Effective date: becomes law on the first day of the third month following passage and governor’s approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Citizenship