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AL SB430

Bill

Status

Introduced

4/20/2016

Primary Sponsor

Clay Scofield

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Origin

Senate

Regular Session 2016

AI Summary

SB430 Summary

  • Clarifies domestic violence definitions, including "dating relationship" as a significant romantic or intimate relationship with expectation of affectionate or sexual involvement, and "household member" excluding non-romantic or non-intimate co-residents.

  • Establishes minimum sentences for domestic violence convictions that willfully violate protection orders: doubles the minimum term for first and second degree offenses, and imposes 30-day minimum for third degree violations.

  • Requires law enforcement to arrest without warrant for domestic violence offenses based on probable cause regardless of felony or misdemeanor classification, and mandates 48-hour custody hold for defendants arrested while violating protection orders.

  • Imposes $50 additional fine for protection order violations to be deposited in the Domestic Violence Trust Fund, and requires judges to issue written conditional release orders within 24 hours with conditions to protect victims.

  • Adds court-ordered automated notification process allowing plaintiffs to receive notice within 12 hours of protection order service and protects plaintiff contact information from public disclosure.

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hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.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

Read for the first time and referred to the Senate committee on Judiciary

4/20/2016

Committee Referrals

Judiciary4/20/2016

Full Bill Text

No bill text available