SB259

By Senators Coleman-Madison, Orr, Marsh, Dial, Smitherman, Beasley, Ross, Melson, Holtzclaw and Waggoner

ENROLLED, An Act,

Relating to motor vehicles; to amend Sections 32-5A-195, 32-5A-304, 32-6-49.11, and 32-6-49.14, Code of Alabama 1975, to reduce the number of days in which a court must forward to the Alabama Law Enforcement Agency a record of conviction of certain traffic offenses; to revise the penalties for persons operating commercial vehicles who are convicted of specified offenses relating to railroad-highway grade crossings; to reduce the number of days in which the agency must notify the driver's license issuing authority in the licensing state of a nonresident who is convicted of certain commercial vehicle traffic offenses; to require retention of certain information on a person's driving record under certain conditions; and to make other technical, non-substantive changes.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 32-5A-195, 32-5A-304, 32-6-49.11, and 32-6-49.14, Code of Alabama 1975, are amended to read as follows:

§32-5A-195.

"(a) The Director of Public Safety Secretary of the Alabama Law Enforcement Agency is hereby authorized to cancel any driver's license upon determining that the licensee was not entitled to the issuance thereof hereunder or that said the licensee failed to give the correct or required information in his or her application. Upon such cancellation, the licensee must surrender the license so cancelled. If such the licensee refuses to surrender such the license, he or she shall be guilty of a misdemeanor.

"(b) The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder shall be subject to suspension or revocation by the Director of Public Safety Secretary of the Alabama Law Enforcement Agency in like manner and for like cause as a driver's license issued hereunder may be suspended or revoked.

"(c) The Director of Public Safety Secretary of the Alabama Law Enforcement Agency is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, to forward a certified copy of such record to the motor vehicle administrator in the state wherein where the person so convicted is a resident.

"(d) When a nonresident's operating privilege is suspended or revoked, the Director of Public Safety Secretary of the Alabama Law Enforcement Agency shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein where such person resides.

"(e) The Director of Public Safety Secretary of the Alabama Law Enforcement Agency is authorized to suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such person in another state of any offense therein which, if committed in this state, would be grounds for the suspension or revocation of the license of a driver.

"(f) The Director of Public Safety Secretary of the Alabama Law Enforcement Agency may give such effect to conduct of a resident in another state as is provided by the laws of this state had such conduct occurred in this state.

"(g) Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the license of such person by the department agency, the court in which such the conviction is had shall require the surrender to it of any driver's license then held by the person convicted and the court shall thereupon forward the same together with a record of such conviction to the Director of Public Safety Secretary of the Alabama Law Enforcement Agency.

"(h) Every court having jurisdiction over offenses committed under this article or any other law of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, shall forward to the Director of Public Safety Secretary of the Alabama Law Enforcement Agency within 10 five days a record of the conviction of any person in said the court for a violation of any said laws other than regulations governing standing or parking, and may recommend the suspension of the driver's license of the person so convicted.

"(i) For the purposes of this article, the term conviction shall mean a final conviction. Also, for the purposes of this article, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, a plea of nolo contendere accepted by the court, the payment of a fine, a plea of guilty, or a finding of guilt of a traffic violation charge, shall be equivalent to a conviction regardless of whether the penalty is rebated, suspended, or probated.

"(j) The Director of Public Safety Secretary of the Alabama Law Enforcement Agency shall forthwith revoke the license of any driver upon receiving a record of such the driver's conviction of any of the following offenses:

"(1) Manslaughter or homicide by vehicle resulting from the operation of a motor vehicle, including a person who is adjudicated as a youthful offender based on an underlying charge of manslaughter or homicide by vehicle, but there shall be no disclosure, other than to courts and law enforcement agencies by any entity or person of any information, documents, or records relating to the youthful offender's arrest, conviction, or adjudication of or finding of delinquency related to such the manslaughter or homicide by vehicle;.

"(2) Upon a first conviction of driving or being in actual physical control of any vehicle while under the influence of alcohol or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving, such revocation shall take place only when ordered by the court rendering such the conviction;.

"(3) Upon a second or subsequent conviction within a five-year period, of driving or being in actual physical control of any vehicle while under the influence of alcohol or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving;.

"(4) Any felony in the commission of which a motor vehicle is used;.

"(5) Failure to stop, render aid, or identify himself or herself as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;.

"(6) Perjury or the making of a false affidavit or statement under oath to the Director of Public Safety Secretary of the Alabama Law Enforcement Agency under this article or under any other law relating to the ownership or operation of motor vehicles;.

"(7) Conviction upon three charges of reckless driving committed within a period of 12 months;.

"(8) Unauthorized use of a motor vehicle belonging to another which act does not amount to a felony.

"(k) The Director of Public Safety Secretary of the Alabama Law Enforcement Agency is hereby authorized to suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

"(1) Has committed an offense for which mandatory revocation of license is required upon conviction;

"(2) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;

"(3) Is an habitually reckless or negligent driver of a motor vehicle, such fact being established by a record of accidents, or by other evidence;

"(4) Is incompetent to drive a motor vehicle;

"(5) Has permitted an unlawful or fraudulent use of such license;

"(6) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation;

"(7) Has been convicted of fleeing or attempting to elude a police officer; or

"(8) Has been convicted of racing on the highways.

"(l) Upon suspending the license of any person as hereinbefore provided in this section authorized, the Director of Public Safety Secretary of the Alabama Law Enforcement Agency shall immediately notify the licensee in writing and upon his or her request shall afford him or her an opportunity for a hearing as early as practicable, not to exceed 30 days after receipt of such the request in the county wherein where the licensee resides unless the Director of Public Safety Secretary of the Alabama Law Enforcement Agency and the licensee agree that such the hearing may be held in some other county. Such The hearing shall be before the Director of Public Safety Secretary of the Alabama Law Enforcement Agency or his or her duly authorized agent. Upon such hearing, the Director of Public Safety Secretary of the Alabama Law Enforcement Agency or his or her duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses in the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing, the Director of Public Safety Secretary of the Alabama Law Enforcement Agency or his or her duly authorized agent shall either rescind its order of suspension or, good cause appearing therefor upon a showing of good cause, may continue, modify, or extend the suspension of such the licensee or revoke such the license. If the license has been suspended as a result of the licensee's driving while under the influence of alcohol, the director or his or her agent conducting the hearing shall take into account, among other relevant factors, the licensee's successful completion of any duly established "highway intoxication seminar," "DWI counterattack course," or similar educational program designed for problem drinking drivers. If the hearing is conducted by a duly authorized agent instead of by the Director of Public Safety himself or herself, the action of such agent must be approved by the Director of Public Safety Secretary of the Alabama Law Enforcement Agency.

"(m) The Director of Public Safety Secretary of the Alabama Law Enforcement Agency shall not suspend a driver's license or privilege to drive a motor vehicle upon the public highways for a period of more than one year, except as permitted under Section 32-6-19.

"(n) At the end of the period of suspension a license surrendered to the Director of Public Safety Secretary of the Alabama Law Enforcement Agency under subsection (o), the license shall be returned to the licensee.

"(o) The Director of Public Safety Secretary of the Alabama Law Enforcement Agency, upon cancelling, suspending, or revoking a license, shall require that such license be surrendered to and be retained by the Director of Public Safety Secretary of the Alabama Law Enforcement Agency. Any person whose license has been cancelled, suspended, or revoked shall immediately return his or her license to the Director of Public Safety Secretary of the Alabama Law Enforcement Agency. If such the licensee refuses to surrender such the license, he or she shall be guilty of a misdemeanor.

"(p) Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this section shall not operate a motor vehicle in this state under a license or permit issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this article.

"(q) Any person denied a license or whose license has been cancelled, suspended, or revoked by the Director of Public Safety Secretary of the Alabama Law Enforcement Agency except where such cancellation or revocation is mandatory under the provisions of this article shall have the right to file a petition within 30 days thereafter for a hearing in the matter in the circuit court in the county wherein such where the person resides, or in. In the case of cancellation, suspension, or revocation of a nonresident's operating privilege in the county in which the main office of the Director of Public Safety Secretary of the Alabama Law Enforcement Agency is located, and such the court is hereby vested with jurisdiction and it shall be its duty to set the matter for hearing upon 30 days' written notice to the Director of Public Safety, and thereupon to take testimony and examine into the facts of the case and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation, or revocation of license under the provisions of this section.

§32-5A-304.

"(a) A driving privilege suspension shall become effective 45 days after the person has received a notice of intended suspension as provided in Section 32-5A-303, or is deemed to have received a notice of suspension by mail as provided in Section 32-5A-302 if no notice of intended suspension was served.

"(b) The period of driving privilege suspension under this section shall be as follows:

"(1) Ninety days if the driving record of a person shows no prior alcohol or drug-related enforcement contacts during the immediately preceding five years.

"(2) One year if the driving record of a person shows one prior alcohol or drug-related enforcement contact during the immediately preceding five years.

"(3) Three years if the driving record of a person shows two or three alcohol or drug-related enforcement contacts during the immediately preceding five years.

"(4) Five years if the driving record of a person shows four or more alcohol or drug-related enforcement contacts during the immediately preceding five years.

"(5) For purposes of this section, "alcohol or drug-related enforcement contacts" shall include all suspensions under this article, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent law, and any conviction in this or any other state for a violation which involves driving a motor vehicle while having an unlawful percent of alcohol in the blood, or while under the influence of alcohol or drugs, or alcohol and drugs except that no more than one alcohol or drug-related contact on any one DUI arrest may be considered by the department in determining the period of suspension.

"(c) If a license is suspended under this section for having .08 or more by weight of alcohol in the blood of the person and the person is also convicted on criminal charges arising out of the same occurrence for a violation of Section 32-5A-191, the suspension under this section shall be imposed, giving credit for suspension time served toward the duration of suspension or revocation required under Section 32-5A-191. If a license is suspended under this section for having .08 or more by weight of alcohol in the blood of the person and the criminal charge against the person for violation of Section 32-5A-191 is dismissed, nolle prossed, or the person is acquitted of the charge, the director shall rescind the suspension order and remove the administrative suspension from the person's driving record, except for those persons holding a commercial driver license, a commercial learner license, or a person operating a commercial motor vehicle.

§32-6-49.11.

"(a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of one of the following:

"(1) Driving a motor vehicle under the influence of alcohol, or a controlled substance or any other drug which renders a person incapable of safely driving.

"(2) Driving a commercial motor vehicle while the alcohol concentration of the person's blood, urine, or breath is 0.04 or more.

"(3) Knowingly and willfully leaving the scene of an accident involving a motor vehicle driven by the person.

"(4) Using a motor vehicle in the commission of any felony.

"(5) Refusal to submit to a test to determine the driver's use of a controlled substance or alcohol concentration while driving a motor vehicle.

"If any of the violations in subdivisions (1) to (5), inclusive, occurred while transporting a hazardous material required to be placarded, the person is disqualified for a period of not less than three years.

"(b) A person is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection (a), or any combination of those offenses, arising from two or more separate incidents.

"(c) The department may issue regulations and promulgate establishing guidelines, including conditions, under which a disqualification for life under subsection (b) may be reduced to a period of not less than 10 years.

"(d) A person is disqualified from driving a commercial motor vehicle for life who uses a motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.

"(e) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations, or 120 days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.

"(f)(1) A person is disqualified from driving a commercial motor vehicle for not less than 90 days nor more than one year upon a first conviction of driving a commercial vehicle while under an out-of-service order.

"(2) A person is disqualified from driving a commercial motor vehicle for not less than one year nor more than five years if during any 10-year period the person receives two convictions of driving a commercial vehicle while under an out-of-service order where the convictions arise out of separate incidents.

"(3) A person is disqualified from driving a commercial motor vehicle for not less than three years nor more than five years if during any 10-year period the person receives three or more convictions of driving a commercial vehicle while under an out-of-service order where the convictions arise out of separate incidents.

"(4) If a conviction of driving a commercial motor vehicle while under an out-of-service order arises out of an arrest where the person was transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, (49 U.S.C. 5101 et seq.), or while operating motor vehicles designed to transport more than 15 passengers, including the driver, the person is disqualified for not less than 180 days nor more than two years upon a first conviction and not less than three years nor more than five years upon any subsequent conviction within a 10-year period where these factors exist.

"(g)(1) A person is disqualified from operating a commercial motor vehicle for not less than 60 days upon a first conviction of a, not less than 120 days if during any three-year period the person receives two convictions, and not less than one year if during any three-year period the person receives three or more convictions of any of the following railroad-highway grade crossing violation. violations:

"a. The driver is not required to stop, but fails to slow down and check that tracks are clear of an approaching train.

"b. The driver is not required to stop, but fails to stop before reaching the crossing if the tracks are not clear.

"c. The driver is always required to stop, but fails to stop before driving onto the crossing.

"d. The driver fails to have sufficient space to drive completely through the crossing without stopping.

"e. The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing.

"f. The driver fails to negotiate a crossing because of insufficient undercarriage clearance.

"(2) A person is disqualified for not less than 120 days if during any three-year period, the person receives two convictions of a railroad-highway grade crossing violation.

"(3) A person is disqualified from operating a commercial motor vehicle for not less than one year if during any three-year period, the person receives three or more convictions of a railroad-highway grade crossing violation.

"(h) After suspending, revoking, or canceling a commercial driver license, the department shall update its records to reflect that action within 10 days. After suspending, revoking, or canceling a nonresident commercial driver's privilege, the department shall notify the licensing authority of the state that issued the commercial driver license or commercial driver instruction permit within 10 days.

"Any failure to report or disclose required information, either before or after issuance of a commercial driver license shall be a Class C felony and shall, upon conviction thereof, be punished as provided by law.

§32-6-49.14.

"Within 10 five days after receiving a report of the conviction of any nonresident holder of a commercial driver license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the department must notify the driver licensing authority in the licensing state of the conviction."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Motor Vehicles

Commercial Motor Vehicles

Law Enforcement Agency

Railroads

Courts

Code Amended