1 HB218
2 209311-1
3 By Representatives Moore (P) and Reynolds
4 RFD: Public Safety and Homeland Security
5 First Read: 02-FEB-21
6 PFD: 01/29/2021
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1 209311-1:n:01/28/2021:CNB/tgw LSA2021-239
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8 SYNOPSIS: This bill would revise the administrative
9 suspension periods for certain driving offenses.
10 This bill would also make nonsubstantive,
11 technical revisions to update the existing code
12 language to current style.
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14 A BILL
15 TO BE ENTITLED
16 AN ACT
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18 Relating to driving offenses; to amend Sections
19 32-5-192, 32-5A-195, and 32-5A-304, Code of Alabama 1975, to
20 revise administrative suspension periods for certain driving
21 offenses; and to make nonsubstantive, technical revisions to
22 update the existing code language to current style.
23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24 Section 1. Sections 32-5-192, 32-5A-195, and
25 32-5A-304, Code of Alabama 1975, are amended to read as
26 follows:
27 "32-5-192.
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1 "(a) Any person who operates a motor vehicle upon on
2 the public highways of this state shall be deemed to have
3 given his consent, subject to the provisions of this division,
4 to a chemical test or tests of his or her blood, breath, or
5 urine for the purpose of determining the alcoholic content of
6 his blood if lawfully arrested for any offense arising out of
7 acts alleged to have been committed while the person was
8 driving a motor vehicle on the public highways of this state
9 while under the influence of intoxicating liquor. The test or
10 tests shall be administered at the direction of a law
11 enforcement officer having reasonable grounds to believe the
12 person to have been driving a motor vehicle upon the public
13 highways of this state while under the influence of
14 intoxicating liquor. The law enforcement agency by which such
15 that employs the officer is employed shall designate which of
16 the aforesaid test or tests shall be administered. Such The
17 person shall be told that his or her failure to submit to such
18 a chemical test will result in the suspension of his or her
19 privilege to operate a motor vehicle for a minimum period of
20 90 days; provided if such. If the person objects to a blood
21 test, the law enforcement agency shall designate that one of
22 the other aforesaid tests be administered.
23 "(b) Any person who is dead, unconscious, or who is
24 otherwise in a condition rendering him or her incapable of
25 refusal, shall be deemed not to have withdrawn the consent
26 provided by subsection (a) of this section and the test or
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1 tests may be administered, subject to the provisions of this
2 division.
3 "(c)(1) If a person under arrest refuses upon the
4 request of a law enforcement officer to submit to a chemical
5 test designated by the law enforcement agency as provided in
6 subsection (a) of this section, none shall be given, but the
7 Director of Public Safety Secretary of the Alabama State Law
8 Enforcement Agency, upon the receipt of a sworn report of the
9 law enforcement officer that he or she had reasonable grounds
10 to believe the arrested person had been driving a motor
11 vehicle upon the public highways of this state while under the
12 influence of intoxicating liquor and that the person had
13 refused to submit to the test upon the request of the law
14 enforcement officer, shall, on the first refusal, suspend his
15 or her license or permit to drive, or the privilege of driving
16 a motor vehicle on the highways of this state given to a
17 nonresident;, or if the person is a resident without a license
18 or permit to operate a motor vehicle in this state, the
19 director secretary shall deny to the person the issuance of a
20 license or permit as follows, subject to review as provided in
21 subsection (e):
22 "a. For a first refusal of a test within a 10-year
23 period, for a period of 90 days, subject to review as
24 hereinafter provided.
25 "b. For a second or subsequent refusal of such a
26 test within a five-year 10-year period, the director, upon
27 said receipt of a sworn report, shall suspend his license or
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1 permit to drive, or the privilege of driving a motor vehicle
2 on the highways of this state given to a nonresident for a
3 period of one year; or if the person is a resident without a
4 license or permit to operate a motor vehicle in this state,
5 the director shall deny to the person the issuance of a
6 license or permit, for a period of one year subject to review
7 as hereinafter provided.
8 "c. For a third refusal of a test within 10-year
9 period, for a period of three years.
10 "d. For a fourth or subsequent refusal of a test
11 within a 10-year period, for a period of five years.
12 "(2) If such the person is acquitted on the charge
13 of driving a motor vehicle upon the highways of this state
14 while under the influence of intoxicating liquor, then in that
15 event the Director of Public Safety may secretary, in his or
16 her discretion, may reduce said the period of suspension.
17 "(d)(1) Upon suspending the license or permit to
18 drive or the privilege of driving a motor vehicle on the
19 highways of this state given to a nonresident or any person,
20 or upon determining that the issuance of a license or permit
21 shall be denied to the person, as hereinbefore as provided in
22 this section directed, the Director of Public Safety, the
23 secretary, or his or her duly authorized agent, shall
24 immediately notify the person in writing of the suspension and
25 upon his a request filed by the person, the secretary shall
26 afford him an opportunity for provide a hearing in the same
27 manner and under the same conditions as is provided in Section
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1 32-6-16, for notification and hearings in the cases of
2 suspension of licenses Section 32-5A-307; except, that the
3 scope of such a the hearing for the purposes of this section
4 shall cover the issues of whether determine all of the
5 following:
6 "a. Whether a law enforcement officer had reasonable
7 grounds to believe the person had been driving a motor vehicle
8 upon the public highways of this state while under the
9 influence of intoxicating liquor, whether.
10 "b. Whether the person was placed under arrest, and
11 whether.
12 "c. Whether he or she refused to submit to the test
13 upon request of the officer.
14 "(2) Whether the person was informed that his or her
15 privilege to drive would be suspended or denied if he or she
16 refused to submit to the test shall not be an issue.
17 "(3) The Director of Public Safety secretary shall
18 order that the suspension or determination that there should
19 be a denial of issuance either be rescinded or sustained.
20 "(e) If the suspension or determination that there
21 should be a denial of issuance is sustained by the Director of
22 Public Safety secretary, or his or her authorized agent upon
23 such the hearing, the person whose license or permit to drive
24 or nonresident operating privilege has been suspended or to
25 whom a license or permit is denied, under the provisions of
26 this section, shall have the right to file a petition in the
27 appropriate court to review the final order of suspension or
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1 denial by the director secretary, or his or her duly
2 authorized agent, in the same manner and under the same
3 conditions as is provided in Section 32-6-16 in the cases of
4 suspensions and denials 32-5A-307.
5 "(f) When it has been finally determined under the
6 procedures of this section Upon a determination that a
7 nonresident's privilege to operate a motor vehicle in this
8 state has been suspended, the director secretary shall give
9 information provide, in writing of, the action taken by this
10 state to the motor vehicle administrator of the state of the
11 person's residence and of to any state in which he or she has
12 a license.
13 "32-5A-195.
14 "(a) The Secretary of the Alabama State Law
15 Enforcement Agency is authorized to cancel any driver's
16 license upon determining that the licensee was not entitled to
17 the issuance thereof or that the licensee failed to give the
18 correct or required information in his or her application.
19 Upon such cancellation, the licensee must surrender the
20 license so cancelled. If the licensee refuses to surrender the
21 license, he or she shall be guilty of a misdemeanor.
22 "(b) The privilege of driving a motor vehicle on the
23 highways of this state given to a nonresident shall be subject
24 to suspension or revocation by the Secretary of the Alabama
25 State Law Enforcement Agency secretary in like manner and for
26 like cause as a driver's license issued may be suspended or
27 revoked.
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1 "(c) The Secretary of the Alabama State Law
2 Enforcement Agency is further authorized secretary, upon
3 receiving a record of the conviction in this state of a
4 nonresident driver of a motor vehicle of any offense, to may
5 forward a certified copy of such the record to the motor
6 vehicle administrator in the state where the person so
7 convicted is a resident.
8 "(d) When a nonresident's operating privilege is
9 suspended or revoked, the Secretary of the Alabama State Law
10 Enforcement Agency secretary shall forward a certified copy of
11 the record of such the action to the motor vehicle
12 administrator in the state where such the person resides.
13 "(e) The Secretary of the Alabama State Law
14 Enforcement Agency is authorized to secretary may suspend or
15 revoke the license of any resident of this state or the
16 privilege of a nonresident to drive a motor vehicle in this
17 state upon receiving notice of the conviction of such the
18 person in another state of any offense therein which, if
19 committed in this state, would be grounds for the suspension
20 or revocation of the license of a driver.
21 "(f) The Secretary of the Alabama State Law
22 Enforcement Agency secretary may give such effect to conduct
23 of a resident in another state as is provided by the laws of
24 this state had such the conduct occurred in this state.
25 "(g) Whenever any person is convicted of any offense
26 for which this chapter makes mandatory the revocation of the
27 license of such person by the agency, the court in which the
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1 conviction is had shall require the surrender to it of any
2 driver's license then held by the person convicted and the
3 court shall forward the same together with a record of such
4 conviction to the Secretary of the Alabama State Law
5 Enforcement Agency secretary.
6 "(h) Every court having jurisdiction over offenses
7 committed under this article or any other law of this state or
8 municipal ordinance adopted by a local authority regulating
9 the operation of motor vehicles on highways, shall forward to
10 the Secretary of the Alabama State Law Enforcement Agency
11 secretary within five days a record of the conviction of any
12 person in the court for a violation of any laws other than
13 regulations governing standing or parking, and may recommend
14 the suspension of the driver's license of the person so
15 convicted.
16 "(i) For the purposes of this article, the term
17 conviction shall mean a final conviction. Also, for the
18 purposes of this article, an unvacated forfeiture of bail or
19 collateral deposited to secure a defendant's appearance in
20 court, a plea of nolo contendere accepted by the court, the
21 payment of a fine, a plea of guilty, or a finding of guilt of
22 a traffic violation charge shall be equivalent to a conviction
23 regardless of whether the penalty is rebated, suspended, or
24 probated.
25 "(j) The Secretary of the Alabama State Law
26 Enforcement Agency secretary shall revoke the license of any
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1 driver upon receiving a record of the driver's conviction of
2 any of the following offenses:
3 "(1) Manslaughter or homicide by vehicle resulting
4 from the operation of a motor vehicle, including a person who
5 is adjudicated as a youthful offender based on an underlying
6 charge of manslaughter or homicide by vehicle, but there shall
7 be no disclosure, other than to courts and law enforcement
8 agencies by any entity or person of any information,
9 documents, or records relating to the youthful offender's
10 arrest, conviction, or adjudication of or finding of
11 delinquency related to the manslaughter or homicide by
12 vehicle.
13 "(2) Upon a first conviction of driving or being in
14 actual physical control of any vehicle while under the
15 influence of alcohol or under the influence of a controlled
16 substance to a degree which renders him or her incapable of
17 safely driving or under the combined influence of alcohol and
18 a controlled substance to a degree which renders him or her
19 incapable of safely driving, such revocation shall take place
20 only when ordered by the court rendering the conviction.
21 "(3) Upon a second or subsequent conviction within a
22 five-year 10-year period, of driving or being in actual
23 physical control of any vehicle while under the influence of
24 alcohol or under the influence of a controlled substance to a
25 degree which renders him or her incapable of safely driving or
26 under the combined influence of alcohol and a controlled
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1 substance to a degree which renders him or her incapable of
2 safely driving.
3 "(4) Any felony in the commission of which a motor
4 vehicle is used.
5 "(5) Failure to stop, render aid, or identify
6 himself or herself as required under the laws of this state in
7 the event of a motor vehicle accident resulting in the death
8 or personal injury of another.
9 "(6) Perjury or the making of a false affidavit or
10 statement under oath to the Secretary of the Alabama State Law
11 Enforcement Agency under this article or under any other law
12 relating to the ownership or operation of motor vehicles.
13 "(7) Conviction upon three charges of reckless
14 driving committed within a period of 12 months.
15 "(8) Unauthorized use of a motor vehicle belonging
16 to another which act does not amount to a felony.
17 "(k) The Secretary of the Alabama State Law
18 Enforcement Agency is authorized to secretary may suspend the
19 license of a driver without preliminary hearing upon a showing
20 by its records or other sufficient evidence that the licensee:
21 "(1) Has committed an offense for which mandatory
22 revocation of license is required upon conviction;
23 "(2) Has been convicted with such frequency of
24 serious offenses against traffic regulations governing the
25 movement of vehicles as to indicate a disrespect for traffic
26 laws and a disregard for the safety of other persons on the
27 highways;
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1 "(3) Is an habitually reckless or negligent driver
2 of a motor vehicle, such fact being established by a record of
3 accidents or by other evidence;
4 "(4) Is incompetent to drive a motor vehicle;
5 "(5) Has permitted an unlawful or fraudulent use of
6 such license;
7 "(6) Has committed an offense in another state which
8 if committed in this state would be grounds for suspension or
9 revocation;
10 "(7) Has been convicted of fleeing or attempting to
11 elude a police officer; or
12 "(8) Has been convicted of racing on the highways.
13 "(l) Upon suspending the license of any person as
14 provided in this section, the Secretary of the Alabama State
15 Law Enforcement Agency secretary shall immediately notify the
16 licensee in writing and upon his or her request shall afford
17 him or her an opportunity for a hearing as early as
18 practicable, not to exceed 30 days after receipt of the
19 request in the county where the licensee resides unless the
20 Secretary of the Alabama State Law Enforcement Agency
21 secretary and the licensee agree that the hearing may be held
22 in some other county. The hearing shall be before the
23 Secretary of the Alabama State Law Enforcement Agency
24 secretary, or his or her duly authorized agent. Upon such the
25 hearing, the Secretary of the Alabama State Law Enforcement
26 Agency secretary, or his or her duly authorized agent, may
27 administer oaths and may issue subpoenas for the attendance of
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1 witnesses in the production of relevant books and papers and
2 may require a reexamination of the licensee. Upon such the
3 hearing, the Secretary of the Alabama State Law Enforcement
4 Agency secreta