HB478 Summary

• Increases mandatory minimum imprisonment for willful violation of domestic violence orders from 48 continuous hours to 30 days for a second offense and from 30 days to 120 days for a third or subsequent offense, with neither sentence suspendable.

• Relocates criminal penalties for domestic violence order violations to Title 13A-6-150 of the Code of Alabama 1975 and expands application to include orders issued by courts of Indian tribes and U.S. territories.

• Requires domestic violence orders not issued under the Protection from Abuse Act to specify that a history of violence or abuse exists in order for penalties to apply.

• Eliminates the affirmative defense that lack of knowledge of an order is a valid defense to prosecution for violating a domestic violence order.

• Allows persons arrested for violating conditions of release to be held without bail pursuant to Alabama Rules of Criminal Procedure.