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.

Statutes affected:
Introduced: 32-5A-350, 32-5A-351, 32-5A-352