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AL SB322
Bill
Status
3/13/2018
Primary Sponsor
Clay Scofield
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AI Summary
SB322 Summary
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Clarifies definitions of "dating relationship" and "household member" in domestic violence law, excluding non-romantic or non-intimate co-residents from household member protections.
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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.
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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.
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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.
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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hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.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