Under existing law, a person commits the crime of domestic violence in the first degree if the person commits assault in the first degree pursuant to Section 13A-6-20, Code of Alabama 1975, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant.
Under existing law, a person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21, Code of Alabama 1975, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant.
Under existing law, a person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22, Code of Alabama 1975; the crime of menacing pursuant to Section 13A-6-23, Code of Alabama 1975; the crime of reckless endangerment pursuant to Section 13A-6-24, Code of Alabama 1975; the crime of criminal coercion pursuant to Section 13A-6-25, Code of Alabama 1975; or the crime of harassment pursuant to subsection (a) of Section 13A-11-8, Code of Alabama 1975; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant.
Under existing law, interference with a domestic violence emergency call is not a specifically defined crime.
Under existing law, domestic violence by strangulation or suffocation is not a specifically defined crime.
This bill would add additional crimes to the definitions of domestic violence in the first, second, and third degrees and increase the punishment for violation of Section 13A-6-132, Code of Alabama 1975, to 30 days in a county jail if a defendant receives a second conviction under Section 13A-6-132, Code of Alabama 1975, or willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.
This bill would provide that a third or subsequent conviction under Section 13A-6-132, Code of Alabama 1975, is a Class C felony.
This bill would provide for the crime of interference with a domestic violence emergency call and provide penalties for committing the crime.
This bill would provide for the crime of domestic violence by strangulation or suffocation and provide penalties for committing the crime.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
Delivered to Governor on June 2, 2011 at 8:00 p.m.
Assigned Act No. 2011-581.
Clerk of the House Certification
Enrolled
Signature Requested
Concurred in Second House Amendment
Givan motion to Concur In and Adopt adopted Roll Call 1124
Concurrence Requested
Motion to Read a Third Time and Pass adopted Roll Call 1004
Motion to Adopt adopted Roll Call 1003
Bedford Amendment Offered
Motion to Miscellaneous adopted Roll Call 1002
Third Reading Passed
Dunn motion to Carry Over Temporarily adopted Voice Vote
Judiciary Amendment Offered
Third Reading Carried Over
Read for the second time and placed on the calendar 1 amendment
Read for the first time and referred to the Senate committee on Judiciary
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 825
Motion to Adopt adopted Roll Call 824
Motion to Adopt adopted Roll Call 823
JUDY 2nd Amendment Offered
JUDY 1st Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar 2 amendments
Read for the first time and referred to the House of Representatives committee on Judiciary
Source: Alabama Legislature