HB74 By Representative Brown (K) RFD Public Safety and Homeland Security Rd 1 04-FEB-20

SYNOPSIS: 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 using a wireless telecommunications device to watch, record, or capture a photograph or video while operating a motor vehicle, physically holding a wireless telecommunications device while operating a motor vehicle, and engaging in a voice-based communication while operating a motor vehicle.

Under existing law, certain uses of a wireless telecommunications device are exempted from the restrictions that apply while operating a motor vehicle.

This bill would further provide for those exemptions.

This bill would also increase the fine authorized for a violation.

This bill would also require the Secretary of the Alabama State Law Enforcement Agency to include on the uniform accident report whether a TNC driver was involved in the accident and require the secretary to report certain information regarding traffic accidents involving a TNC driver to the Public Service Commission and the Legislature.

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.

A BILL TO BE ENTITLED AN ACT

Relating to motor vehicles; to amend and renumber Sections 32-5A-351 and 32-5A-352, Code of Alabama 1975, and to add Sections 32-5A-353 to 32-5A-358, inclusive, to the Code of Alabama 1975, to provide further for administrative penalties issued for a violation; to prohibit the use of a wireless telecommunications device to write, send, or read a text-based communication or to watch, record, or capture a photograph or video while operating a motor vehicle; to prohibit the use of a handheld wireless telecommunications device to engage in a voice-based communication; to prohibit an individual from physically holding a wireless telecommunications device while operating a motor vehicle; to provide further for exceptions; to amend Section 32-10-8, Code of Alabama 1975, providing further for uniform accident reports; to provide certain reporting requirements; to repeal Section 32-5A-350, Code of Alabama 1975; 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. Sections 32-5A-353 to 32-5A-358, inclusive, are added to Article 16 of Chapter 5A of Title 32, Code of Alabama 1975, to read as follows:

§32-5A-353.

This article shall be known and may be cited as CiCi and Jay's Law.

§32-5A-354.

As used in this article, the following words shall have the following meanings:

(1) TEXT-BASED COMMUNICATION. The term includes, but is not limited to, a text message, instant message, e-mail, or Internet data on a wireless telecommunications device.

(2) UTILITY SERVICES. Electric, natural gas, water, wastewater, cable, telephone, or telecommunications services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights-of-way, or associated infrastructures.

(3) WIRELESS TELECOMMUNICATIONS DEVICE. A cellular telephone, text-messaging device, personal digital assistant, standalone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with another person. The term does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, or remote diagnostic system.

§32-5A-355.

Except as provided in Section 32-5A-356, a person may not operate a motor vehicle on a public road, street, or highway while doing any of the following:

(1) Using a wireless telecommunications device to write, send, or read a text-based communication.

(2) Using a wireless telecommunications device to watch, record, or capture a photograph or video.

(3) Using a handheld wireless telecommunications device to engage in a voice-based communication.

(4) Physically holding or otherwise supporting with any part of his or her body a wireless telecommunications device.

§32-5A-356.

The following uses of a wireless telecommunications device are not subject to the restrictions of this article:

(1) The use of a wireless telecommunications device to obtain emergency services, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

(2) The use of a wireless telecommunications device while the motor vehicle is parked on the shoulder of the highway, road, or street.

(3) The use of a wireless telecommunications device as a global positioning or navigation system to receive driving directions; provided, however, the manual input of navigation coordinates while operating a motor vehicle is a violation of this article.

(4) The use of an earpiece, a headphone device, steering wheel controls, or other device worn on the person or mounted onto the dashboard, center console, windshield, or other part of the vehicle to conduct substantially hands-free voice-based wireless communications.

(5) The use of a continuous recording device that operates within or outside the vehicle, including, but not limited to, a dash camera or backup camera.

(6) The use of a wireless telecommunications device by an employee or contractor of a utility services provider within the scope of his or her employment while responding to a utility emergency or performing other critical utility services.

(7) The use of a wireless telecommunications device by a law enforcement officer, emergency medical services personnel, ambulance operator, or other similarly employed public safety first responder during the performance of his or her official duties.

(8) The use of an ignition interlock device, as defined in Section 32-5A-191.4.

(9) For persons 18 years of age or older who are engaged in the transportation of persons or property for compensation or payment of a fee, the use of a wireless telecommunications device in a manner that requires the physical use of a person's hand while operating a motor vehicle if both of the following occur:

a. The device is mounted to the vehicle, including the windshield, dashboard, or center console of the vehicle, and the device does not create an unsafe obstruction of the person's view of the road.

b. The person's hand is used to activate or deactivate a feature or function of the device with the motion of one swipe or tap of the person's finger, and the swipe or tap does not activate the camera, video, or gaming features or functions for viewing, recording, amusement, or other non-navigational functions, other than functions or features related to the transportation of persons or property for compensation or payment of a fee.

(10) The use of a wireless telecommunications device by a licensed physician while responding to an emergency medical situation.

§32-5A-357.

(a) A law enforcement officer enforcing this article may treat a violation of the article as the primary or sole reason for issuing a citation to the operator of a motor vehicle.

(b) A law enforcement officer enforcing this article may not search a motor vehicle or the operator or passenger of the motor vehicle solely because of a violation of this article.

(c) A law enforcement officer may not use a violation of this article to establish probable cause for any other violation.

§32-5A-358.

A person who violates this article is guilty of a traffic infraction and is subject to the following fines:

(1) On a first violation, a fine of one hundred dollars ($100).

(2) On a second violation, a fine of two hundred dollars ($200).

(3) On a third or subsequent violation, a fine of three hundred dollars ($300).

Section 2. Sections 32-5A-351 and 32-5A-352, Code of Alabama 1975, are amended and renumbered to read as follows:

"§32-5A-351. §32-5A-359.

"(a) A first or second conviction of this article Section 32-5A-355 shall be entered on the driving record of any the individual charged under this article as a two-point violation.

"(b) A third or subsequent conviction of Section 32-5A-355 shall be entered on the driving record of the individual charged as a three-point violation.

"§32-5A-352. §32-5A-360.

"(a) In any case brought by a law enforcement officer employed by the Department of Public Safety Alabama State Law Enforcement Agency, all fines shall be allocated to the State General Fund.

"(b) Each state, county, and municipal law enforcement agency shall maintain statistical information on all traffic stops made pursuant to this article, including traffic stops made on minority groups, and shall report that information on a monthly basis to the Department of Public Safety Alabama State Law Enforcement Agency.

(c) No count costs may be imposed solely in connection with the prosecution of a violation of this article."Section 3. Section 32-10-8, Code of Alabama 1975, is amended to read as follows:

§32-10-8.

"(a) The director Secretary of the Alabama State Law Enforcement Agency shall prepare and upon request supply to police departments, coroners, sheriffs, garages, and other suitable agencies or individuals, uniform accident report forms required under this chapter. The required written accident report or citation to be made by persons involved in accidents or charged with a moving violation and by investigating officers shall call for sufficiently detailed information, to disclose with reference to a traffic accident, including, but not limited to, the location of the accident, probable cause, injuries to persons, property damage, deaths of persons, the registration of vehicles involved including license numbers, the name, address, and driver's license number of the operator, highway design and maintenance, including lighting, markings, and road surface, and the names and addresses of any witnesses, and whether the operator was operating as a TNC driver, as defined under Section 32-7C-1, at the time of the traffic accident.

"(b) Every accident report required to be made in writing shall be made on the uniform accident report form approved and supplied by the director Secretary of the Alabama State Law Enforcement Agency and shall contain all available information required therein."

Section 4. The Secretary of the Alabama State Law Enforcement Agency shall review all accident reports prepared under Section 32-10-8, Code of Alabama 1975, and report the number and probable cause of accidents involving a person operating as a TNC driver, as defined under Section 32-7C-1, Code of Alabama 1975. The secretary shall annually provide the report to the Public Service Commission and the Legislature not later than the third legislative day of the regular session.

Section 5. Section 32-5A-350, Code of Alabama 1975, is repealed.

Section 6. 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 7. 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

Crimes and Offenses

Criminal Law and Procedure

Code Added

Code Repealed

Code Amended