SB16 Alabama 2019 Session

This bill would prohibit the Alabama State Law Enforcement Agency from suspending the driver's license of an individual for failure to pay a fine, penalty, fee, or court costs associated with a conviction of certain traffic offenses if the court determines a driver to be indigent

Relating to suspension of driver's licenses; to amend Section 32-5A-195, Code of Alabama 1975, to prohibit the Alabama State Law Enforcement Agency from suspending the driver's license of an individual for failure to pay a fine, penalty, fee, or court costs associated with a conviction of certain traffic violations if the court determines a driver to be indigent. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Section 32-5A-195, Code of Alabama 1975, is amended to read as follows: "§32-5A-195. "(a) The Secretary of the Alabama State Law Enforcement Agency is authorized to may cancel any driver's license upon determining that the licensee was not entitled to the issuance thereof or that the licensee failed to give the correct or required information in his or her application. Upon such cancellation, the licensee must surrender the cancelled license so cancelled. If the licensee refuses to surrender the license, he or she shall be guilty of a misdemeanor. "(b) The privilege of driving a motor vehicle on the highways of this state given to a nonresident shall be subject to suspension or revocation by the Secretary of the Alabama State Law Enforcement Agency in like manner and for like cause as a an Alabama driver's license issued may be suspended or revoked. "(c) The Secretary of the Alabama State Law Enforcement Agency is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, to forward a certified copy of such the record to the motor vehicle administrator in the state where the person so convicted is a resident. "(d) When a nonresident's operating privilege is suspended or revoked, the Secretary of the Alabama State Law Enforcement Agency shall forward a certified copy of the record of such action to the motor vehicle administrator in the state where such the person resides. "(e) The Secretary of the Alabama State Law Enforcement Agency is authorized to suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such the person in another state of any offense therein which, if committed in this state, would be grounds for the suspension or revocation of the license of a driver. "(f) The Secretary of the Alabama State Law Enforcement Agency may give such effect to conduct of a resident in another state as is provided by the laws of this state had such conduct occurred in this state. "(g) Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the license of such person by the agency, the court in which the conviction is had shall require the surrender to it of any driver's license then held by the person convicted and the court shall forward the same together with a record of such conviction to the Secretary of the Alabama State Law Enforcement Agency. "(h) Every court having jurisdiction over offenses committed under this article or any other law of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, shall forward to the Secretary of the Alabama State Law Enforcement Agency within five days a record of the conviction of any person in the court for a violation of any laws other than regulations governing standing or parking, and may recommend the suspension of the driver's license of the person so convicted. "(i) For the purposes of this article, the term conviction shall mean a final conviction. Also, for the purposes of this article, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, a plea of nolo contendere accepted by the court, the payment of a fine, a plea of guilty, or a finding of guilt of a traffic violation charge shall be equivalent to a conviction regardless of whether the penalty is rebated, suspended, or probated. "(j) The Secretary of the Alabama State Law Enforcement Agency shall revoke the license of any driver upon receiving a record of the driver's conviction of any of the following offenses: "(1) Manslaughter or homicide by vehicle resulting from the operation of a motor vehicle, including a person who is adjudicated as a youthful offender based on an underlying charge of manslaughter or homicide by vehicle, but there shall be no disclosure, other than to courts and law enforcement agencies by any entity or person of any information, documents, or records relating to the youthful offender's arrest, conviction, or adjudication of or finding of delinquency related to the manslaughter or homicide by vehicle. "(2) Upon a first conviction of driving or being in actual physical control of any vehicle while under the influence of alcohol, or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving, or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving, such the revocation shall take place only when ordered by the court rendering the conviction. "(3) Upon a second or subsequent conviction within a five-year 10-year period, of driving or being in actual physical control of any vehicle while under the influence of alcohol, or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving, or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving. "(4) Any felony in the commission of which a motor vehicle is used. "(5) Failure to stop, render aid, or identify himself or herself as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another. "(6) Perjury or the making of a false affidavit or statement under oath to the Secretary of the Alabama State Law Enforcement Agency under this article or under any other law relating to the ownership or operation of motor vehicles. "(7) Conviction upon three charges of reckless driving committed within a period of 12 months. "(8) Unauthorized use of a motor vehicle belonging to another which act does not amount to a felony. "(k) The Secretary of the Alabama State Law Enforcement Agency is authorized to suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee: "(1) Has committed an offense for which mandatory revocation of license is required upon conviction;. "(2) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;. "(3) Is an habitually reckless or negligent driver of a motor vehicle, such fact being established by a record of accidents or by other evidence;. "(4) Is incompetent to drive a motor vehicle;. "(5) Has permitted an unlawful or fraudulent use of such a license;. "(6) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation;. "(7) Has been convicted of fleeing or attempting to elude a police officer; or. "(8) Has been convicted of racing on the highways. "(l) Upon suspending the license of any person as provided in this section, the Secretary of the Alabama State Law Enforcement Agency shall immediately notify the licensee in writing and upon his or her request shall afford him or her an opportunity for a hearing as early as practicable, not to exceed 30 days after receipt of the request in the county where the licensee resides unless the Secretary of the Alabama State Law Enforcement Agency and the licensee agree that the hearing may be held in some other county. The hearing shall be before the Secretary of the Alabama State Law Enforcement Agency or his or her duly authorized agent. Upon such hearing, the The Secretary of the Alabama State Law Enforcement Agency or his or her duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses in the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing, the The Secretary of the Alabama State Law Enforcement Agency or his or her duly authorized agent shall either rescind its order of suspension or, upon a showing of good cause, may continue, modify, or extend the suspension of the licensee or revoke the license. If the license has been suspended as a result of the licensee's driving while under the influence of alcohol, the Secretary of the Alabama State Law Enforcement Agency or his or her agent conducting the hearing shall take into account, among other relevant factors, the licensee's successful completion of any duly established "highway intoxication seminar," "DWI counterattack course," or similar educational program designed for problem drinking drivers. If the hearing is conducted by a duly authorized agent instead of by the Secretary of the Alabama State Law Enforcement Agency himself or herself, the action of such agent must be approved by the Secretary of the Alabama State Law Enforcement Agency. "(m) The Secretary of the Alabama State Law Enforcement Agency shall not suspend a driver's license or privilege to drive a motor vehicle upon the public highways for a period of more than one year, except as permitted under Section 32-6-19. "(n) At the end of the period of suspension a license surrendered to the Secretary of the Alabama State Law Enforcement Agency under subsection (o), the license shall be returned to the licensee. "(o) The Secretary of the Alabama State Law Enforcement Agency, upon cancelling, suspending, or revoking a license, shall require that such the license be surrendered to and be retained by the Secretary of the Alabama State Law Enforcement Agency. Any person whose license has been cancelled, suspended, or revoked shall immediately return his or her license to the Secretary of the Alabama State Law Enforcement Agency. If the licensee refuses to surrender the license, he or she shall be guilty of a misdemeanor. "(p) Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this section shall not operate a motor vehicle in this state under a license or permit issued by any other jurisdiction or otherwise during such the suspension or after such the revocation until a new license is obtained when and as permitted under this article. "(q) Any person denied a license or whose license has been cancelled, suspended, or revoked by the Secretary of the Alabama State Law Enforcement Agency except where such cancellation or revocation is mandatory under the provisions of this article shall have the right to file a petition within ays thereafter for a hearing in the matter in the circuit court in the county where the person resides. In the case of cancellation, suspension, or revocation of a nonresident's operating privilege in the county in which the main office of the Secretary of the Alabama State Law Enforcement Agency is located,. the The court is vested with jurisdiction and it shall