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AL HB8
Bill
Status
1/20/2023
Primary Sponsor
Randy Wood
Click for details
AI Summary
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Prohibits operating a motor vehicle while watching, viewing, recording, or capturing photographs/videos; physically holding a wireless device; or using a handheld device for voice-based communications, with specified exceptions for emergency services, parked vehicles, GPS navigation, and hands-free technology.
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Establishes criminal penalties: first conviction within 24 months—$100 fine or 15 hours community service; second conviction—$200 fine or 30 hours community service; third or subsequent—$300 fine or 45 hours community service.
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Increases driving record violations from two points (first and second convictions) to three points for third or subsequent convictions within 24 months.
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Allows dismissal of first-time charges if the defendant obtains hands-free voice-based technology and submits an affidavit to the court; distributes $25 from each fine to the Traffic Safety Trust Fund and remaining fines to support hands-free device vouchers for low-income families.
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Restricts law enforcement authority: officers cannot search vehicles, access devices without warrants, or confiscate devices based solely on this violation; requires visual observation of the violation to establish probable cause; implements warning-only enforcement July 1–December 31, 2023.
Legislative Description
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.
Last Action
Indefinitely Postpone
5/31/2023