HB 391

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.

Section 1

Section 32-5A-350, Code of Alabama 1975, is amended to read as follows:

§32-5A-350.

(a) For purposes of this article, the following words have the following meanings:

(1) WIRELESS TELECOMMUNICATION DEVICE. A handheld cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other similar wireless device that is readily removable from a vehicle and is used to write, send, or read text or data through manual input. The term "wireless telecommunication device" does not include a device which is voice-operated and which allows the user to send or receive a text-based communication without the use of either hand except to activate or deactivate a feature or function.

(2) WRITE, SEND, OR READ A TEXT-BASED COMMUNICATION. Using a wireless telecommunication device to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. The term does not include reading, selecting, or entering a telephone number or name in a cell or wireless telephone or communication device for the purpose of making a telephone call.

(b) A person may not operate a motor vehicle on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication.

(c) Subject to Section 32-5A-350.1, a A person who violates subsection (b) is subject to fines as follows:

(1) Twenty-five dollars ($25) Fifty dollars ($50) for a first violation.

(2) Fifty dollars ($50) One hundred dollars ($100) for a second violation.

(3) Seventy-five dollars ($75) Two hundred dollars ($200) for a third or subsequent violation.

(d) Law enforcement officers enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver.

(e) The following uses of wireless communication devices shall not be subject to the restrictions in this section:

(1) An individual using a wireless communication device to obtain emergency services including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

(2) An individual using a wireless communication device while the motor vehicle is parked on the shoulder of the highway, road, or street.

(3) An individual using a wireless communication device as a global positioning or navigation system to receive driving directions which has been pre-programmed with the desired coordinates. The programming of coordinates while operating a vehicle remains a violation of this section.

(4) A peace officer, as defined in Section 36-21-60, a firefighter, a member of the Armed Forces of the United States, or any other individual operating an authorized emergency vehicle while in the performance of his or her official duties and within the scope of his or her employment.

(f) In addition to the fine for a violation under subsection (c), a person convicted under this section shall pay a five dollar ($5) fee. Fees collected under this subsection shall be deposited in the Public Safety Fund of the Alabama State Law Enforcement Agency. Amounts deposited into the Law Enforcement Fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12, Code of Alabama 1975.

(g) If the law enforcement officer who issues a citation to a driver under this section is an employee of the Alabama State Law Enforcement Agency, any fine collected shall be deposited in the Public Safety Fund of the Alabama State Law Enforcement Agency. Amounts deposited into the Law Enforcement Fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12, Code of Alabama 1975."

Section 2

Section 32-5A-350.1 is added to the Code of Alabama 1975, to read as follows: §32-5A-350.1. (a) A person who operates a motor vehicle on a public road, street, or highway while using a wireless communication device to write, send, or read a text-based communication in violation of Section 32-5A-350, Code of Alabama 1975, and who causes a traffic accident shall be punished as follows: (1) On a first conviction, the person shall be punished by imprisonment for not more than one year, or by a fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars, or by both a fine and imprisonment. In addition, the Secretary of the Alabama State Law Enforcement Agency shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days. (2) On a second conviction, the person shall be punished by imprisonment for not more than one year and by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100). In addition, the Secretary of the Alabama State Law Enforcement Agency shall revoke the driving privileges or driver's license of the person convicted for a period of one year. (3) On a third conviction, the person shall be punished by imprisonment for not more than one year and by a fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100). In addition, the Secretary of the Alabama State Law Enforcement Agency shall revoke the driving privilege or driver's license of the person convicted for a period of three years. (4) On a fourth or subsequent conviction, the person shall be guilty of a Class C felony and punished by imprisonment of not less than one year and one day nor more than 10 years and by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100). In addition, the Secretary of the Alabama State Law Enforcement Agency shall revoke the driving privilege or driver's license of the person convicted for a period of five years. (b) In addition to any penalty authorized by subsection (a), when a person is convicted of violating this section and it is found that at the time of the offense the person was driving or in actual physical control of a commercial motor vehicle, as defined in 49 C.F.R. Part 383.5 of the Federal Motor Carrier Safety Regulations, the person shall be punished as follows: (1) Upon a first conviction, the person's commercial driver's license or commercial driving privilege shall be revoked for a period of one year. (2) Upon a second conviction, the person's commercial driver's license or commercial driving privilege shall be revoked for life. (c) When a person is convicted of violating this section and it is found that a child under the age of 16 was a passenger at the time of the offense, the person shall be sentenced to at least double the minimum punishment that the person would have received if the child had not been a passenger in the vehicle. (d) The Alabama habitual felony offender law shall not apply to a conviction of a felony pursuant to this section, and a conviction of a felony pursuant to this section shall not be a felony conviction for purposes of the enhancement of punishment pursuant to Alabama's habitual felony offender law.

Section 3

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4

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.