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AL SB35

Bill

Status

Engrossed

5/9/2017

Primary Sponsor

Clay Scofield

Click for details

Origin

Senate

Regular Session 2017

AI Summary

SB35 Summary

  • Clarifies definitions of domestic violence relationships including "dating relationships" (romantic or intimate relationships over a period of time) and "household members" (excluding non-romantic or non-intimate co-residents).

  • Establishes that domestic violence by strangulation or suffocation is a Class B felony, defined as intentionally causing asphyxia by closure/compression of neck blood vessels or air passages, or by depriving a person of air.

  • Requires mandatory minimum sentences for violations of domestic violence protection orders: 30 days for second conviction, 120 days for third or subsequent conviction, with additional $50 fines deposited to the Domestic Violence Trust Fund.

  • Expands law enforcement authority to arrest without a warrant for domestic violence offenses based on probable cause, regardless of felony or misdemeanor classification, and requires arrest if defendant violates a protection order while committing domestic violence.

  • Requires domestic violence offenders arrested while violating protection orders to be held in custody and brought before court within 48 hours, with judges reviewing facts to determine threat to victim, public safety, and likelihood of court appearance before setting bail.

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hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.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

Pending third reading on day 28 Favorable from Judiciary

5/16/2017

Committee Referrals

Judiciary5/11/2017
Judiciary2/7/2017

Full Bill Text

No bill text available