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AL SB168

Bill

Status

Engrossed

4/6/2010

Primary Sponsor

Hinton Mitchem

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Origin

Senate

Regular Session 2010

AI Summary

SB168 Summary

  • Renames the "Family Violence Protection Order Enforcement Act" to the "Domestic Violence Protection Order Enforcement Act" and clarifies legislative intent to protect domestic violence victims and enforce court orders.

  • Redefines "domestic violence order" to include protection orders issued under the Protection from Abuse Act, restraining orders, injunctive orders, and orders placing conditions on pre-trial release in criminal cases.

  • Establishes that willful violation of a domestic violence order is a Class A misdemeanor, with increased mandatory minimum sentences: 30 days imprisonment for a second conviction and 120 days imprisonment for a third or subsequent conviction, neither of which may be suspended.

  • Authorizes law enforcement to arrest for violations based on probable cause without requiring presentation of a certified copy of the order, and permits officers to provide notice to defendants who have not been served if necessary before enforcement.

  • Moves penalty provisions from Section 30-5A-3 to Section 13A-6-150 and becomes effective the first day of the third month following passage and gubernatorial approval.

Legislative Description

Domestic violence, protection orders, defined, penalties increased, lack of knowledge of order as a defense eliminated, Domestic Violence Protection Order Enforcement Act, Secs. 30-5A-1, 30-5A-2, 30-5A-4 am'd.; Sec. 30-5A-3 amended and renumbered as 13A-6-150

Crimes and Offenses

Last Action

Pending third reading on day 29 Favorable from Judiciary

4/14/2010

Committee Referrals

Judiciary4/8/2010
Judiciary1/12/2010

Full Bill Text

No bill text available