HB391 Alabama 2018 Session

Summary

Primary Sponsor

Tommy Hanes

Republican

Session

Regular Session 2018

Title

Motor vehicles, texting while driving, penalty increased, exemptions further provided for, fee assessed, Alabama State Law Enforcement Agency, Sec. 32-5A-350.1 added; Sec. 32-5A-350 am'd.

Summary

HB 391 would raise penalties for texting while driving in Alabama, create new penalties for crashes caused by texting, and fund enforcement through a new fee, while expanding exemptions for emergency vehicles.

What This Bill Does

It tightens the texting-while-driving ban by clarifying what counts as a wireless device and what counts as writing, sending, or reading a text. It increases fines for first, second, and third violations and adds a new section with criminal penalties for causing a crash while texting, including higher penalties if a child is in the vehicle or a commercial vehicle is involved. It also adds a $5 fee per violation that goes to the Alabama State Law Enforcement Agency and specifies how fines are distributed. It creates exemptions for emergency responders and on-duty emergency vehicles and sets an effective date a few months after passage.

Who It Affects

• Drivers who text while driving (including those operating regular or commercial vehicles) would face higher fines, possible jail time, license suspensions, and CDL revocation for crashes caused by texting.
• Emergency responders and authorized emergency vehicle operators are exempt from the texting ban while performing official duties; the Alabama State Law Enforcement Agency would receive the new $5 fee and oversee fund distribution, affecting enforcement and funding.

Key Provisions

• Section 32-5A-350 amended: defines wireless telecommunication device and write/send/read a text-based communication; prohibits operating a vehicle while using such a device to text; establishes a three-tier fine schedule (first violation $25 to $50; second $50 to $100; third or subsequent $75 to $200).
• Exemptions to the ban include emergency services communications, parked vehicles on the shoulder, pre-programmed GPS use, and on-duty peace officers, firefighters, members of the armed forces, or other authorized emergency vehicle operators.
• A $5 per-violation fee is added, deposited into the Public Safety Fund of the Alabama State Law Enforcement Agency, with funds budgeted under applicable state statutes; fines collected when the issuing officer is ALSLEA personnel also go to this fund.
• New Section 32-5A-350.1 creates penalties for causing a traffic accident while texting: first conviction up to 1 year in jail or a $600–$2,100 fine plus 90-day driving-privilege suspension; second conviction up to 1 year and $1,100–$5,100 with 1-year license revocation; third conviction up to 1 year and $2,100–$10,100 with 3-year license revocation; fourth or later conviction is a Class C felony with 1 year and 1 day to 10 years in prison, $4,100–$10,100 fine, and 5-year license revocation.
• For commercial drivers, a first conviction can lead to a 1-year revocation of the commercial license, and a second conviction can lead to a lifetime revocation.
• If a child under 16 is a passenger, penalties are doubled; the habitual felony offender law does not apply to felonies under this act.
• Section 3 notes the bill is exempt from local expenditure requirements under Amendment 621 because it defines a new crime or amends an existing one.
• Section 4 sets the act to take effect on the first day of the third month after passage and governor 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

Motor Vehicles