HB90 Alabama 2021 Session

Summary

Primary Sponsor

K.L. Brown

Republican

Session

Regular Session 2021

Title

Motor vehicles, distracted driving, use of cell phone while operating a motor vehicle prohibited, exceptions, Secs. 32-5A-353 to 32-5A-358, inclusive, added; Sec. 32-5A-350 repealed; Secs. 32-5A-351, 32-5A-352, am'd and renumbered, 32-10-8 am'd.

Summary

HB90 would expand driving restrictions on wireless device use (including watching or recording photos/videos, holding the device, and voice calls) with exceptions, raise penalties for violations, and add enforcement and reporting requirements.

What This Bill Does

It creates new prohibitions under CiCi and Jay's Law that limit how drivers can use wireless devices while operating a vehicle, including bans on watching, recording, holding the device, and engaging in voice-based communications, with specific exceptions. It changes how violations appear on driving records, increasing penalties for repeat offenses. It also requires fines to go to the State General Fund and imposes monthly traffic-stop reporting by law enforcement, and it repeals an older related section while establishing new sections and an effective date.

Who It Affects

• Drivers operating motor vehicles in Alabama would face new restrictions on wireless device use and potential fines and points on their driving record for violations.
• Law enforcement agencies, the Department of Public Safety, and other state/local entities would enforce the new rules, collect monthly traffic-stop statistics, and handle the allocation of fines to the State General Fund.

Key Provisions

• Adds CiCi and Jay's Law (Sections 32-5A-353 to 32-5A-358) to prohibit watching/recording a photo or video, using a handheld wireless device for voice communication, and physically holding a wireless device while driving, with specified exceptions.
• Defines key terms such as text-based communication, wireless telecommunications device, and utility services, to clarify what counts under the new law.
• Establishes numerous exceptions (e.g., emergency use, parked vehicle use, navigation with limits on manual input, hands-free voice communication, dash cameras, certain utility and public-safety uses) to the restrictions.
• Sets penalties for violations: first violation $100 fine, second $200, and third or subsequent $300; driving-record points are two points for first/second convictions and three points for third or subsequent convictions.
• Requires fines from violations to go to the State General Fund and obligates enforcement agencies to maintain and report monthly traffic-stop statistics to the DPS.
• Repeals Section 32-5A-350 and renumbers/amends Sections 32-5A-351 and 32-5A-352 to align with the new provisions; adds Sections 32-5A-353 to 32-5A-358.
• Specifies the act's effective date as the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Motor Vehicles