HB34

ENGROSSED

A BILL TO BE ENTITLED AN ACT

To amend Section 32-6-19, Code of Alabama 1975, relating to penalties for driving without a license, to provide for the removal of a person from a motor vehicle and the impoundment of the vehicle if the person has not procured a driver's license; 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 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 32-6-19, Code of Alabama 1975, is amended to read as follows:

§32-6-19.

"(a)(1) Any person whose driver's or chauffeur's license issued in this or another state or whose driving privilege as a nonresident has been cancelled, denied, suspended, or revoked as provided in this article and who drives any motor vehicle upon the highways of this state while his or her license or privilege is cancelled, denied, suspended, or revoked shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), and in addition thereto may be imprisoned for not more than 180 days. In addition to all fines, fees, costs, and punishments prescribed by law, there shall be imposed or assessed an additional penalty of fifty dollars ($50) to be placed in the Traffic Safety Trust Fund and the Peace Officers Standards and Training Fund. Also, at the discretion of the Director of Public Safety, the person's license may be revoked for an additional revocation period of six months.

"(2) The additional penalty of fifty dollars ($50) shall be assessed in all criminal and quasi-criminal proceedings in municipal, district, and circuit courts, including, but not limited to, final bond forfeitures, municipal ordinances violations, wherein the defendant is adjudged guilty or pleads guilty and in all juvenile delinquency and youthful offender adjudications.

"(3) If the fifty dollar ($50) penalty required by subdivision (1) is not imposed by the court, the clerk of the court shall automatically assess it upon conviction.

"(b)(1) Notwithstanding any provision of law, any person who operates a motor vehicle upon the highways of this state while his or her driver's license or driving privilege is revoked for any reason under the laws of this state or similar laws of any other state or territory, or while his or her driver's license or driving privilege is suspended as a consequence of a DUI-related offense, including, but not limited to, being adjudicated delinquent or a youthful offender based on a DUI-related offense, or while his or her driver's license or driving privilege is suspended as a result of failure to comply with the implied consent law of this state or laws of another state, or who has been adjudicated a delinquent child or a youthful offender based on an offense that if the person had been an adult would have been a conviction of driving under the influence of a controlled substance or alcohol or failure to comply with the implied consent law, or who has failed to procure a driver's license in violation of Section 32-6-1, shall be immediately removed from the vehicle.

"(2) The vehicle, regardless of ownership or possessory interest of the operator or person present in the vehicle, except when the owner of the vehicle or another family member of the owner is present in the vehicle and presents a valid driver's license, shall may be impounded by any duly sworn law enforcement officer. If there is an emergency or medical necessity jeopardizing life or limb, the law enforcement officer may elect not to impound the vehicle.

(3) The law enforcement officer or company hired by the county or municipality may elect to place boot, booting, or vehicle immobilization equipment on the vehicle in lieu of towing.

(4) For purposes of this section, boot, booting, or vehicle immobilization means the act of placing on a parked motor vehicle a lockable vehicle wheel clamp or similar device that is designed to be placed on a parked vehicle to prevent the operation of the vehicle until the device is unlocked and removed. The term includes the devices used for this purpose. The devices shall be a high-visibility color, such as yellow, orange, or red. No cables, chains, ropes, or other similar means of vehicle immobilization shall be allowed.

(5) Each boot used by a vehicle immobilization service shall satisfy all of the following:

a. Not be modified from the manufacturer's design.

b. Be maintained in a safe and good working condition.

c. For purposes of this subdivision, reasonable and necessary repairs to maintain a boot in safe and good working condition or to restore it from damage shall not be deemed to be modifications from the manufacturer's design.

(6)a. Any vehicle immobilization service engaged in the business of the immobilization of vehicles may not charge the owner of any immobilized vehicle or personal property in excess of sixty-five dollars ($65) per day for the removal of the vehicle immobilization device or devices. The sixty-five dollar ($65) fee shall be all-inclusive and no additional fees may be charged for using other equipment or for any other reason.

b. Fees for towing or immoblization may be paid by cash, check, credit card, or debit card at no additional charge and the vehicle immobilization service or towing service may not require that fees be paid only in cash. Proof of the ability to accept these forms of payment shall be submitted before obtaining a license by towing or immoblization service. At every location where a booting operation is conducted or where vehicle is impounded, the towing or immoblization service shall have available means of collecting any fees via cash, check, credit card, and debit card.

c. If the means to accept any one form of payment is unavailable at the time of immobilization or release of the vehicle, any immobilized vehicles towed vehicles shall be released without charge.

"(c)(1) The law enforcement officer making the impoundment shall direct an approved towing service to tow the vehicle to the garage of the towing service, storage lot, or other place of safety and maintain custody and control of the vehicle until the registered owner or authorized agent of the registered owner claims the vehicle by paying all reasonable and customary towing and storage fees for the services of the towing company. The vehicle shall then be released to the registered owner or an agent of the owner.

"(2) Any towing service or towing company removing the vehicle at the direction of the law enforcement officer in accordance with this section shall have a lien on the motor vehicle for all reasonable and customary fees relating to the towing and storage of the motor vehicle. This lien shall be subject and subordinate to all prior security interests and other liens affecting the vehicle whether evidenced on the certificate of title or otherwise. Notice of any sale or other proceedings relative to this lien shall be given to the holders of all prior security interest or other liens by official service of process at least 15 days prior to any sale or other proceedings."

"(3) Any person who was arrested for a violation of this section, and whose vehicle was towed and impounded pursuant to this section, may petition the court to determine whether the law enforcement officer had a reasonable belief that the driver was in violation of this section. If the judge determines the law enforcement officer did not have a reasonable belief that the driver was in violation of this section, the judge may order that the law enforcement agency be liable for all towing and storage fees."

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Motor Vehicles

Drivers' Licenses

Law Enforcement

Code Amended