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AL HB458

Bill

Status

Introduced

3/22/2016

Primary Sponsor

Connie Rowe

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Origin

House of Representatives

Regular Session 2016

AI Summary

HB458 Summary

  • Clarifies definitions of domestic violence relationships including dating relationships and household members, specifying that household members exclude non-romantic or non-intimate co-residents.

  • Establishes requirements for sworn petitions for domestic violence protection orders, including specific facts, circumstances, and evidence needed to support relief requests.

  • Authorizes law enforcement to arrest without warrant for violations of domestic violence protection orders based on probable cause, and requires defendants arrested for domestic violence who violate protection orders to be held in custody for court appearance within 48 hours.

  • Imposes mandatory minimum sentences for domestic violence violations, including doubling minimum terms when protection orders are violated, with second convictions requiring minimum 30 days imprisonment and third or subsequent convictions requiring minimum 120 days imprisonment.

  • Requires courts to impose additional $50 fines for protection order violations deposited into the Domestic Violence Trust Fund, and establishes procedures for service and notice of protection orders to law enforcement and victims within specified timeframes.

Legislative Description

Domestic violence, protection orders, definitions clarified, notice of hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.

Domestic Violence

Last Action

Indefinitely Postponed

4/28/2016

Committee Referrals

Judiciary3/22/2016

Full Bill Text

No bill text available