HB391 Alabama 2018 Session

Under existing law, the use of a wireless telecommunication device to write, send, or read a text-based communication while operating a motor vehicle on a public road, street, or highway in the state is a violation

This bill would increase the penalty for the violation

Existing law provides exemptions from the prohibition against using a wireless telecommunication device to write, send, or read a text-based communication while operating a motor vehicle

This bill would also exempt an individual operating an authorized emergency vehicle

Existing law provides for the assessment and distribution of fines collected in criminal cases

This bill would further provide for the distribution of fines and would add an additional fee to be distributed to the Alabama State Law Enforcement Agency

This bill would provide criminal penalties for a person who causes a traffic accident while writing, sending, or reading a text message while operating a motor vehicle on a public road

This bill also would provide additional criminal penalties for a person convicted of violating this act when at the time of the offense there was a child in the vehicle or the person was operating a commercial motor vehicle

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to texting while driving; to amend Section 32-5A-350, Code of Alabama 1975, to further provide for the criminal penalty; to further provide exemptions; to provide further for the assessment and distribution of certain fines and fees; to add Section 32-5A-350.1 to the Code of Alabama 1975, to provide criminal penalties for causing a traffic accident while writing, sending, or reading a text message while operating a motor vehicle; to provide additional criminal penalties under certain circumstances; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.