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
