HB134 Alabama 2010 Session

Summary

Primary Sponsor

David Grimes

Republican

Session

Regular Session 2010

Title

Domestic violence by choking, crime of established, penalties

Summary

HB134 creates a new crime of domestic violence by choking with specific penalties and notes an exemption from certain local-funding rules.

What This Bill Does

It defines choking as intentionally blocking breathing or circulation by applying pressure to the throat or neck or by blocking the nose or mouth, and establishes domestic violence by choking when the victim is in a defined domestic relationship. It uses the second-degree assault framework to determine the crime and designates domestic violence by choking as a Class C felony with a 3-month minimum sentence, which doubles to 6 months if the offender willfully violates a court protection order while choking. The bill also states it is exempt from local-funding requirements under Amendment 621 because it defines a new crime, and it becomes effective on the first day of the third month after passage and the governor's approval.

Who It Affects

• Victims in the defined domestic relationships (spouse or former spouse, parent or child, anyone with whom the defendant has a child in common, current or former household member, or a dating/engagement partner) who are protected by the new choking-based crime.
• Defendants who choke a domestic partner or related person, who would face a new Class C felony with a mandatory minimum sentence and harsher penalties if they violate a protection order during the choking.

Key Provisions

• Establishes the crime of domestic violence by choking, defined as choking a person in a domestic relationship and treated as a Class C felony with a 3-month minimum term, doubled to 6 months if the defendant willfully violates a court protection order while choking.
• States that the bill is exempt from Amendment 621 local-funding requirements because it defines a new crime or amends an existing crime, and sets the act's effective date as the first day of the third month after passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses