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AL HB425

Bill

Status

Passed

5/16/2019

Primary Sponsor

David Faulkner

Click for details

Origin

House of Representatives

Regular Session 2019

AI Summary

HB425 Summary

  • Clarifies definitions of domestic violence offenses including first, second, and third degree crimes, with specific victim categories (current/former spouses, parents, step-parents, children, dating partners, household members).

  • Establishes enhanced minimum sentences for domestic violence offenses when committed while violating a protection order or in the presence of a child under 14 years old, including mandatory imprisonment periods without suspension or reduction.

  • Creates domestic violence by strangulation or suffocation as a Class B felony with specific definitions for intentional asphyxia by neck compression or airway obstruction.

  • Increases penalties for violating domestic violence protection orders to Class A misdemeanor with minimum 30 days imprisonment for second violation and Class C felony for third or subsequent violation, plus $50 additional fine per violation.

  • Clarifies arrest procedures allowing officers to arrest without warrant for domestic violence crimes based on probable cause, requires 48-hour detention and bail hearings, mandates victim notification within 24 hours, and repeals Section 13A-6-139.1 definitions section.

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hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.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

Forwarded to Governor on May 16, 2019 at 1:24 p.m. on May 16, 2019.

5/16/2019

Committee Referrals

Judiciary5/7/2019
Judiciary4/11/2019

Full Bill Text

No bill text available