HB238 Alabama 2011 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Laura HallRepresentative
Democrat
Co-Sponsors: Charles O. Newton Alan Boothe Mary Sue McClurkin K.L. Brown Terri Collins William Roberts Dan Williams April Weaver Ed Henry Richard Baughn Becky Nordgren Jim Patterson Wayne Johnson Mark Tuggle Darrio Melton Greg Burdine Allen Treadaway Blaine Galliher Chris England Lesley Vance Steve Hurst John Robinson Patricia Todd Johnny Mack Morrow Mac McCutcheon Mike Ball Joe Faust Alan Baker Jamie Ison Randy Wood Steve Clouse Howard Sanderford Phil Williams Micky Hammon Allen Farley
Session: Regular Session 2011
Title: Stalking in the first and second degree, aggravated stalking in the first and second degree, crimes further provided for, Tracy's Law, Secs. 13A-6-90.1, 13A-6-91.1 added; Secs. 13A-6-90, 13A-6-91 am'd.
Summary: HB238, also called Tracy's Law, creates a second-degree stalking and aggravated stalking offense and reclassifies existing stalking offenses into first-degree categories with new penalties.
What This Bill Does
The bill designates stalking in the first degree as a Class C felony and aggravated stalking in the first degree as a Class B felony. It adds stalking in the second degree as a Class B misdemeanor and aggravated stalking in the second degree as a Class C felony. For second-degree offenses, it specifies elements such as intentionally and repeatedly following or harassing someone (or their immediate family or a known third party), causing mental or emotional harm or fear that employment is threatened, and having been told to stop the conduct. It also states the law does not trigger local-funding requirements under Amendment 621 because it defines a new crime or amends an existing one, and it sets the effective date to the first day of the third month after passage and governor approval.

Who It Affects
Victims of stalking or aggravated stalking (including their immediate family and people they know) who gain clearer protections and penalties under the new classifications.
Individuals accused or charged with stalking or aggravated stalking who would be prosecuted under the new first- and second-degree offenses and face corresponding penalties.

Key Provisions
Stalking in the first degree is defined and punished as a Class C felony.
Aggravated stalking in the first degree is defined and punished as a Class B felony.
Stalking in the second degree is defined and punished as a Class B misdemeanor.
Aggravated stalking in the second degree is defined and punished as a Class C felony.
Second-degree offenses require proof of intentional, repeated following/harassment or communication that harms mental health or threatens employment, with prior notice to cease the conduct.
If the conduct also violates a court order or injunction, a separate aggravated stalking in the relevant degree offense applies.
The bill is exempt from local-funding requirements under Amendment 621 because it creates or amends crimes.
Effective date: the first day of the third month after the bill is passed and approved.

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