HB 199

Sponsor
Session
Regular Session 2018
Title
Motor vehicles, traffic accident reports, confidentiality, exceptions, Sec. 32-10-7 am'd.
Description

To amend Section 32-10-7, Code of Alabama 1975, relating to motor vehicle accident reports; to provide that the Alabama State Law Enforcement Agency may disclose motor vehicle accident reports under certain circumstances.

Subjects
Motor Vehicles
View Original PDF: HB 199 - Enrolled - PDF

To amend Section 32-10-7, Code of Alabama 1975, relating to motor vehicle accident reports; to provide that the Alabama State Law Enforcement Agency may disclose motor vehicle accident reports under certain circumstances

Section 1

Section 32-10-7, Code of Alabama 1975, is amended to read as follows: "§32-10-7. "(a) Every law enforcement officer who in the regular course of duty investigates a motor vehicle accident, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses, shall, within 24 hours after completing such investigation, forward the necessary completed written report or copy thereof of such accident to the director on the uniform accident report form supplied by the director. Local police departments, and their contracted agents, may retain copies of the written reports. "(b) Accident reports prepared pursuant to this section shall be made available pursuant to Section 32-2-8, to a news-gathering organization solely for the purpose of publishing or broadcasting the news. The news-gathering organization shall not use or distribute the report, or knowingly allow its use or distribution, for a commercial HB199 purpose other than the news-gathering organization's publication or broadcasting of the information in the report. A newspaper, periodical, or radio or television station shall not be held to have used or knowingly allowed the use of the report for a commercial purpose merely because of its publication or broadcast. The news-gathering organization shall not distribute the report or any of the contents of the report, including personal information contained in the report, to any third party for any other purpose. For 30 days following the accident, the Alabama State Law Enforcement Agency shall limit any personal identifying information contained in any accident report released pursuant to this subsection to the name and age of the person involved. The complete report shall be made available after that date, excluding any juvenile information or personal information as defined by 18 U.S.C. §2725. Except as provided above and in subsection (c), disclosure of accident reports shall be made only under the following circumstances: "(1) When the identity of a person involved in an accident is not otherwise known or when he or she denies his or her presence at an accident. "(2) When disclosure is directed by a properly executed subpoena or court order. "(3) When requested by any of the following persons: HB199 "a. A person involved in the accident made the basis of the accident report, including, but not limited to, drivers of and passengers in the automobiles and pedestrians involved in the accident that is the subject of the report. "b. A parent or guardian of a minor who is a person involved in the accident made the basis of the accident report. "c. A personal representative, executor, or other legal representative of the estate of a deceased person who was involved in the accident made the basis of the accident report. Where no personal representative has been appointed by a probate court of competent jurisdiction regarding the probate or administration of the estate of a decedent, any heir of the decedent shall be authorized to receive an accident report. The authority of the heir to act on behalf of the decedent shall terminate upon the appointment of a personal representative of the estate of the decedent. The Alabama State Law Enforcement Agency or local law enforcement agency may rely upon the affidavit of the heir stating that he or she meets the requirements of this section, and that a personal representative has not been appointed by a probate court with respect to the estate of the decedent. For purposes of this section, heir means a person who is entitled to a distribution from the estate of an intestate decedent or a HB199 person who would be entitled to a distribution from the estate of a testate decedent if that decedent had died intestate. "d. An insurer or its written designee of a person involved in the accident made the basis of the accident report, if the purpose of the request is for insurance business purposes. "e. An attorney of a person involved in the accident made the basis of the accident report, or an employee of the attorney. The attorney or employee of the attorney shall provide written signed consent by the represented person to request the report. ""f. A governmental entity responsible for maintenance, repair, and oversight of the public road or bridge on which the accident occurred. "(f) A governmental entity responsible for either maintenance, repair, and oversight of the public road or bridge on which the accident occurred or for law enforcement investigations. "g. An owner or lienholder of an automobile in the accident that is the subject of the report. "(c) The Alabama State Law Enforcement Agency, as a matter of public safety, may contract with an outside entity and release vehicle damage data extracted from accident reports to such an entity if the data is used solely for the HB199 purpose of providing the public a means of determining a vehicle's accident history. The department may contract with a third party to provide electronic access to reports for persons and entities who are entitled to such reports under subsection (b)." "(d) No disclosure is required of any information prohibited by 18 U.S.C. §2721."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. HB199 Speaker of the House of Representatives President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 22-FEB-18, as amended. Jeff Woodard Clerk Senate 22-MAR-18 Amended and Passed Concurred in Sen- House 28-MAR-18 ate Amendment

No articles found.
Action Date Chamber Action
March 28, 2018HForwarded to Governor on March 28, 2018 at 4:30 p.m. on March 28, 2018.
March 28, 2018SJudiciary second Amendment Offered
March 28, 2018HAssigned Act No. 2018-570.
March 28, 2018HClerk of the House Certification
March 28, 2018HEnrolled
March 28, 2018SSignature Requested
March 28, 2018SConcurred in Second House Amendment
March 28, 2018HFridy motion to Concur In and Adopt adopted Roll Call 1079
March 28, 2018HConcurrence Requested
March 22, 2018SMotion to Read a Third Time and Pass adopted Roll Call 1039
March 22, 2018SThird Reading Passed
March 21, 2018SWard motion to Adopt adopted Roll Call 965
March 21, 2018SWard motion to Carry Over to the Call of the Chair adopted Voice Vote
March 21, 2018SWard Amendment Offered
March 21, 2018SWard motion to Table adopted Voice Vote
March 21, 2018SJudiciary Amendment Offered
March 21, 2018SWard motion to Adopt adopted Roll Call 964
March 21, 2018SJudiciary Amendment Offered
March 21, 2018SThird Reading Carried Over to Call of the Chair
March 8, 2018SRead for the second time and placed on the calendar 2 amendments
February 27, 2018SRead for the first time and referred to the Senate committee on Judiciary
February 22, 2018HEngrossed
February 22, 2018HMotion to Read a Third Time and Pass adopted Roll Call 465
February 22, 2018HMotion to Adopt adopted Roll Call 464
February 22, 2018HPublic Safety and Homeland Security Amendment Offered
February 22, 2018HThird Reading Passed
January 25, 2018HRead for the second time and placed on the calendar 1 amendment
January 11, 2018HRead for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
2018-03-28
Chamber: House
Result: Passed
2018-03-22
Chamber: Senate
Result: Passed
2018-03-21
Chamber: Senate
Result: Passed
2018-03-21
Chamber: Senate
Result: Passed
2018-02-22
Chamber: House
Result: Passed
2018-02-22
Chamber: House
Result: Passed