Under existing law, a person is prohibited from using a wireless telecommunications device to write, send, or read a text-based communication while operating a motor vehicle, with exceptions.
This bill would prohibit a person from watching, viewing, recording, or capturing a photograph or video while operating a motor vehicle; would prohibit a person from physically holding a wireless telecommunications device while operating a motor vehicle; and would prohibit a person from engaging in a voice-based communication while operating a motor vehicle, with exceptions to the prohibitions.
This bill would also further for the criminal penalties associated with a violation.
Under existing law, a conviction for using a wireless telecommunications device to write, send, or read a text-based communication is a two-point violation on the individual's driving record.
This bill would provide that on a third or subsequent conviction the individual would receive a three-point violation on the individual's driving record.
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.
Brown (K) motion to withdraw his motion to reconsider adopted Voice Vote
Brown (K) motion to Reconsider offered
Motion to Read a Third Time and Pass lost Roll Call 660
Brown (K) motion to Table adopted Roll Call 659
Kiel Amendment Offered
Motion to Adopt adopted Roll Call 658
Jones (M) Amendment Offered
Motion to Adopt adopted Roll Call 657
Public Safety and Homeland Security Amendment Offered
Lost in house of origin
Brown (K) motion to Carry Over Temporarily adopted Voice Vote
Public Safety and Homeland Security Amendment Offered
Third Reading Carried Over
Read for the second time and placed on the calendar 1 amendment
Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
Source: Alabama Legislature