HB478 Alabama 2010 Session

Summary

Primary Sponsor

Jeff McLaughlin

Democrat

Co-Sponsors

Butch TaylorCraig Ford

Session

Regular Session 2010

Title

Domestic violence, protection orders, defined, penalties increased, lack of knowledge of order as a defense eliminated, Domestic Violence Protection Order Enforcement Act, Secs. 30-5A-1, 30-5A-2, 30-5A-4 am'd.; Sec. 30-5A-3 amended and renumbered as 13A-6-150

Summary

HB478 would raise penalties for violating domestic violence protection orders, move them into the state criminal code, and broaden enforcement to tribal and federal orders.

What This Bill Does

If enacted, the bill increases mandatory imprisonment for second and third willful violations of a domestic violence order (minimum 30 days for a second offense and 120 days for a third) and moves these penalties into Title 13A. It extends these penalties to domestic violence orders issued by tribal courts and U.S. territories. It also eliminates the lack of knowledge as a defense, allows arrest without bail for violations of release conditions, and sets guidelines for law enforcement on how orders are used and documented. It defines what counts as a domestic violence order and clarifies when the act applies, while renumbering a section to the new code and noting local-funding implications under Amendment 621 as an exception.

Who It Affects

• People who violate domestic violence protection orders and their victims, who would face longer, non-suspendable prison terms and broader enforcement.
• Law enforcement officers and courts, who would apply, enforce, and document orders, arrest without bail for release-conditions violations, and determine applicability of orders from tribal or federal authorities.

Key Provisions

• Increase penalties: second offense minimum 30 days non-suspendable; third offense minimum 120 days non-suspendable; penalties moved to Title 13A (criminal code).
• Extend penalties to domestic violence orders issued by tribal courts and U.S. territories.
• Eliminate lack of knowledge as a defense; require history of violence for orders not issued under this act to apply.
• Arrest and enforcement rules: law enforcement may arrest with probable cause; presentation of the order is not always required for probable cause; officer may arrest without a warrant; notice to defendant required if order not served, with documentation in the report.
• Release conditions: a person arrested for violation of release conditions may be held without bail under the Alabama Rules of Criminal Procedure.
• Administrative changes: renumber 30-5A-3 as 13A-6-150 and define terms (Domestic Violence Order, Protection Order) and keep civil/criminal procedures consistent.
• Local funds provision: the bill acknowledges potential local expenditures but is exempt from Amendment 621's 2/3-vote requirement due to specified exceptions.
• Effective date: becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses