SB168 Alabama 2010 Session

Summary

Primary Sponsor

Hinton Mitchem

Democrat

Co-Sponsors

T.D. “Ted” LittlePriscilla DunnWendell Mitchell

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

SB168 strengthens enforcement of domestic violence protection orders in Alabama by raising penalties, extending reach to tribal and territorial orders, and removing the lack of knowledge defense.

What This Bill Does

It increases the minimum imprisonment for willful violations of a domestic violence order: at least 30 days for the second offense and at least 120 days for the third offense, with these terms non-suspendable. It extends these penalties to violations of DV orders issued by tribal courts and U.S. territories. It eliminates the defense that the defendant didn’t know about the order and makes knowledge or contents a factor in establishing probable cause; officers can enforce the order even if the copy isn’t presented. It allows peace officers to arrest without a warrant if there is probable cause a DV order was violated, and it requires recognition of orders even if not presented, with a duty to inform the defendant and allow reasonable compliance if notice is lacking. It also clarifies that a person arrested for violating a condition of release could be held without bail, and it relocates and updates related statutes into new numbering.

Who It Affects

• Victims of domestic violence in Alabama, who would receive stronger protection and enforcement of orders issued to keep them safe.
• People who violate domestic violence orders (defendants), who would face higher mandatory jail terms, potential jail without bail, and removal of the previous defense that they didn’t know the order existed.

Key Provisions

• Raises minimum, non-suspendable imprisonment for willful violations of a domestic violence order: 30 days for the second offense and 120 days for the third or subsequent offense.
• Extends these penalties to violations of domestic violence orders issued by courts of American Indian tribes and U.S. territories.
• Eliminates the defense of lack of knowledge of the order; knowledge or contents can establish probable cause and the order’s validity is recognized even if not physically presented.
• Allows peace officers to arrest without a warrant for probable cause of a violation and permits enforcement even when a certified copy is not presented, using other information to determine validity.
• Requires orders not issued under this act to indicate a history of violence or abuse for the provisions of this chapter to apply.
• Relocates and renumbers the applicable statute to 13A-6-150 and updates related sections (30-5A-1, 30-5A-2, 30-5A-4).
• Effective date: the first day of the third month after passage and approval (or upon otherwise becoming law).

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