PIXKER-1 11/21/2022 CMH (L) tgw 2022-5148 House Public Safety and Homeland Security Engrossed Substitute for HB29 ENROLLED2 G39W22-34 By6 RepresentativeA TreadawayBILL RFD:TO BE ENTITLED AN ACT Relating to motor vehicles;

Public Safety and Homeland Security First Read:

07-Mar-23 PFD:

23-Feb-23 2023 Regular Session Page 0 HB29 Enrolled Enrolled, An Act, 3 Relating to motor vehicles;

Article(a) 14,As commencingused within Sectionthis 13A-11-300,section, isthe addedfollowing toterms Chapterhave 11 of Title 13A of the Codefollowing ofmeanings: Alabama 1975, to read as follows:

Article 14 §13A-11-300 (a) As used in this section, the following terms have the following meanings:

The intentional and unnecessary operation of a motor vehicle in a manner that Page 1 House Public Safety and Homeland Security Engrossed Substitute for HB29 causes the vehicle to move in a zigzag or circular course or Page 1 HB29 Enrolled to gyrate or spin around.

(b) A person shall not engage in, or aid or abet the furtherance of, any of the following on a public road or highway, off street parking facility, or any other parcel of public or private property, without the consent of the owner Page 2 House Public Safety and Homeland Security Engrossed Substitute for HB29 of that property.

Page 2 HB29 Enrolled (1) A motor vehicle speed contest.

(c) A person convicted of violating subsection (b),(b) forshall be punished upon a first violation,conviction shallby beimprisonment guiltyfor a period of anot Classless Cthan misdemeanor,five days nor more than 90 days, or by fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), or by both fine and forimprisonment, and on a second or subsequent violationconviction shall be guiltypunished ofby imprisonment for not less than 10 days nor more than six months, or by a Classfine Bof misdemeanor.not less than fifty dollars ($50) nor more than five hundred dollars ($500), or by both fine and imprisonment.

(2) If a person commits a violation of subsection (b) and the commission of the offense proximately causes serious physical injury to a person other than the driver, the person Page 3 House Public Safety and Homeland Security Engrossed Substitute for HB29 shall be guilty of a Class C felony.

In addition, the court shall prohibit the person from operating a Page 3 HB29 Enrolled motor vehicle on the public highways of this state for not less than two years.

(e) Any contracts in place between an arresting 95 municipality and the county for the actual housing and medical care costs of individuals housed in the county jail shall apply to an arrest made by a municipal police officer resulting in misdemeanor charges under this act.

If no contract is in place, the arresting municipality shall reimburse the county for the actual housing and medical care costs of the incarceration of the individuals held on misdemeanor charges.

95 (f)(1) A law enforcement officer who arrests a person for a violation of this section, or who otherwise seizes a vehicle in violation of this section, may cause the vehicle to be towed and impounded at the registered owner's expense for not less than 48 hours.

Thereafter, the registered owner or authorized agent of the registered owner may claim the vehicle by paying all reasonable and customary towing and Page 4 House Public Safety and Homeland Security Engrossed Substitute for HB29 storage fees for the services of the towing company.

This Page 4 HB29 Enrolled lien shall be subject and subordinate to all prior security interests and other liens affecting the vehicle whether evidenced on the certificate of title or otherwise.

Notice of any sale or other proceedings relative to this lien shall be given to the holders of all prior security interests or other liens by official service of process at least 3015 days prior to any sale or other proceedings.

An(2) ownerIf of a motorperson vehiclehas seizedbeen convicted of three or impoundedmore underviolations of this subdivisionsection, maythe contestmotor thevehicle proprietyoperated ofby the seizure,person continuedin impoundment,the andcommission associatedof finesthe oroffense feesshall inbe accordanceseized withand themay proceduresbe ofdeemed Sectioncontraband 20-2-93(1)and orforfeited Rulepursuant 3.13(a)to ofSection the20-2-93, AlabamaCode Rules of CriminalAlabama Procedure.1975.

(2) If a person has been convicted of three or more violations of this section, the motor vehicle operated by the person in the commission of the offense shall be seized and forfeited pursuant to the procedures of Section 20-2-93, Code of Alabama 1975.

(h) Nothing in this section applies to private motor speedways or other areas of private land where racing or stunt Page 5 House Public Safety and Homeland Security Engrossed Substitute for HB29 driving activities are authorized to be performed by the owner and operator thereof.

Page 5 HB29 Enrolled Section 2.

Page 6 HB29 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 11-Apr-23, as amended.

John Treadwell Clerk Senate 02-May-23 Passed Page 7