Loading chat...

AL SB322

Bill

Status

Engrossed

3/13/2018

Primary Sponsor

Clay Scofield

Click for details

Origin

Senate

Regular Session 2018

AI Summary

SB322 Summary

  • Clarifies definitions of "dating relationship" and "household member" in domestic violence law, excluding non-romantic or non-intimate co-residents from household member protections.

  • Establishes enhanced penalties for domestic violence offenses when committed while violating a protection order, including doubled minimum sentences and mandatory imprisonment terms ranging from 30 days to 120 days based on conviction number.

  • Creates a new offense of domestic violence by strangulation or suffocation, defined as intentional asphyxia by neck compression or airway obstruction against a domestic violence victim, classified as a Class B felony.

  • Adds $50 additional fine for violations of domestic violence protection orders to be deposited in the Domestic Violence Trust Fund, with second violations requiring minimum 30 days imprisonment and third or subsequent violations requiring minimum 120 days imprisonment.

  • Allows law enforcement to arrest without warrant based on probable cause when a felony or misdemeanor violates a protection order, and requires defendants arrested for domestic violence offenses to be held in custody and appear before a judge within 24-48 hours for bail considerations.

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hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.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 21 Favorable from Judiciary

3/15/2018

Committee Referrals

Judiciary3/13/2018
Judiciary2/20/2018

Full Bill Text

No bill text available