HB404 Alabama 2019 Session

Under existing law, a person is prohibited from using a wireless telecommunication device to write, send, or read text or data while operating a motor vehicle, with exceptions. This bill would include a standalone electronic device within the prohibition against writing, sending, or reading a text-based communication while operating a motor vehicle.

This bill would prohibit a person from holding or otherwise using his or her body to support a wireless communication device or standalone electronic device while operating a motor vehicle.

This bill would prohibit a person from using a wireless telecommunication device or standalone electronic device to watch, record, or capture a photograph, video, or audio while operating a motor vehicle.

Under existing law, certain uses of a wireless telecommunication device are exempted from the restrictions in existing law.

This bill would add the following to the list of activities exempted from the section: Hands free voice-based communications, with an exception; continuous recording devices, including dash cameras and backup cameras; utility service employees or contractors responding to a utility emergency; law enforcement and other first responders during the performance of official duties; and the use of an ignition interlock device.

Existing law levies a criminal fine for a violation based on the number of prior convictions of the section. This bill would increase the fine authorized.

Existing law provides that a conviction is reflected on the person's driving record as a two-point violation. This bill would provide that a third or subsequent violation of the section would be reflected on the person's driving record as a three-point violation.

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 establish CiCi's Law; to amend Sections 32-5A-350 and 32-5A-351, Code of Alabama 1975, to further provide for the prohibition against writing, sending, or reading a text-based communication while operating a motor vehicle; to prohibit a person from holding or otherwise using his or her body from supporting a wireless communication device or standalone electronic device while operating a motor vehicle; to prohibit a person from using a wireless telecommunication device or standalone electronic device to watch, record, or capture a photograph, video, or audio while operating a motor vehicle; to further provide exemptions; to increase the fine authorized; to provide further for administrative penalties for a violation; 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.