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  1. Bama Politics
  2. Alabama
  3. Alabama House & Senate Bills
  4. 2023 Alabama Legislative Regular Session
  5. 2023 Alabama House Bills
  6. HB8 Alabama 2023 Session

HB8 Alabama 2023 Session

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Bill Summary

Sponsors
  • Randy Wood
Session
Regular Session 2023
Title
Motor vehicles; restrictions on use of handheld wireless telecommunications devices while operating a motor vehicle, provided; criminal penalties, further provided; exemptions, provided; distribution of funds, provided
Description

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 physically holding a wireless telecommunications device to conduct voice-based communications while operating a motor vehicle, with exceptions to the prohibitions

This bill would further provide 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

This bill would provide a comprehensive list of circumstances under which the prohibitions of the bill would not apply

This bill would provide that when a person is first charged with a violation and the person did not have a device to conduct substantially hands-free voice-based technology, the trial court may dismiss the charge upon proof that the person obtained a device to enable substantially hands-free voice-based technology

This bill would also distribute a portion of the fines collected to the Alabama Department of Economic and Community Affairs for the purchase of devices to enable substantially hands-free voice-based communications in a motor vehicle and to provide the devices to low-income families in the state

Section 111.05 of the Constitution of Alabama of 2022, 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 motor vehicles; to amend Sections 32-5A-350, 32-5A-351, and 32-5A-352, Code of Alabama 1975, and to add Sections 32-5A-350.1 and 32-5A-353 to 32-5A-359, inclusive, to the Code of Alabama 1975, to provide prohibitions on the use of a wireless telecommunications device while operating a motor vehicle, with exceptions; to further provide criminal penalties; to provide exemptions; to distribute a portion of any fines collected to the Alabama Department of Economic and Community Affairs for the purchase of devices to enable substantially hands-free voice-based communications in a motor vehicle and to provide the devices to certain low-income families in the state; 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 Section 111.05 of the Constitution of Alabama of 2022.

Bill Actions

Action DateChamberAction
January 20, 2023HPrefiled

Bill Text

Download HB8 Alabama 2023 Session PDF

Bill Documents

TypeLink
Bill Text HB8 Alabama 2023 Session - Introduced
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