HB 404

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.

Section 1

This act shall be known and may be cited as CiCi's Law.

Section 2

Sections 32-5A-350 and 32-5A-351, Code of Alabama 1975, are amended to read as follows:

§32-5A-350.

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

(1) STANDALONE ELECTRONIC DEVICE. A device other than a wireless telecommunication device that stores audio, video, or other data files to be retrieved on demand by a user.

(2) TEXT-BASED COMMUNICATION. The term includes, but is not limited to, a text message, instant message, e-mail, or Internet data on a wireless telecommunication device or standalone electronic device.

(3) UTILITY SERVICES. Electric, natural gas, water, wastewater, cable, telephone, or telecommunication services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, or associated infrastructures.

(1)(4) WIRELESS TELECOMMUNICATION DEVICE. A handheld cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand alone standalone computer, a global positioning system receiver, 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 initiate or receive communication, information, or data. 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 does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, or remote diagnostics system.

(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 Except as provided in subsection (f), a person may not operate do any of the following while operating a motor vehicle on a public road, street, or highway in Alabama while:

(1) using Use a wireless telecommunication device or standalone electronic device to write, send, or read a text-based communication.

(2) Physically hold or otherwise support with any part of the person's body a wireless telecommunication device or standalone electronic device.

(3) Use a wireless telecommunication device or standalone electronic device to watch, record, or capture a photograph, video, or audio.

(c) Each violation of this section is a separate offense.

(c) (d) A person who violates subsection (b) is guilty of a traffic violation and shall receive a fine subject to fines as follows:

(1) Twenty-five dollars ($25) for For a first violation, a fine of fifty dollars ($50).

(2) Fifty dollars ($50) for For a second violation, a fine of one hundred dollars ($100).

(3) Seventy-five dollars ($75) for For a third or subsequent violation, a fine of one hundred fifty dollars ($150).

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

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

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

(4) The use of an earpiece, headphone device, steering wheel controls, or other device worn on the person to conduct voice-based communication; provided, however, the exemption provided in this subdivision only applies if the voice-based communication does not require the use of more than a single button to initiate or terminate the voice-based communication.

(5) The use of continuous recording devices that operate within or outside the vehicle, including, but not limited to, dash cameras and backup cameras.

(6) The use of a wireless telecommunication device by an employee or contractor of a utility services provider within the scope of his or her employment while responding to a utility emergency.

(7) The use of a wireless telecommunication device or standalone electronic device by a law enforcement officer, firefighter, emergency medical services personnel, ambulance operator, or other similarly employed public safety first responder during the performance of official duties.

(8) The use of an ignition interlock device, as defined in Section 32-5A-191.4.

§32-5A-351.

(a) A first or second conviction of this article Section 32-5A-350 shall be entered on the driving record of any the individual charged under this article as a two-point violation.

(b) A third or subsequent conviction of Section 32-5A-350 shall be entered on the driving record of the individual charged as a three-point violation."

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.