SB259 Alabama 2016 Session

This bill would reduce the number of days within which a court must forward to the Alabama Law Enforcement Agency a record of conviction of certain traffic offenses

This bill would revise the penalties for persons operating commercial vehicles who are convicted of specified offenses relating to railroad-highway grade crossings

This bill would reduce the number of days within which the Alabama Law Enforcement 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 and would make other technical non-substantive changes

This bill would also require that certain DUI arrest information be retained on a person's driving record if he or she holds a commercial learners license, a commercial driver license, or was operating a commercial vehicle

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