HB217 Alabama 2014 Session

Summary

Primary Sponsor

Lynn Greer

Republican

Co-Sponsors

Steve McMillanKen JohnsonRichard J. LairdMicky HammonMac McCutcheonTodd GreesonSteve HurstDickie DrakeMack N. ButlerDavid SessionsWes LongDan WilliamsDuwayne BridgesMike MillicanRandy WoodKurt WallaceMary Sue McClurkinAlan BakerSteve ClouseEd HenryPhil WilliamsJoe FaustPaul W. LeeRichard BaughnPaul DeMarcoMark TuggleTerri CollinsJim PattersonMike HillBarry MooreDonnie ChesteenHoward SanderfordAlan HarperK.L. Brown

Session

Regular Session 2014

Title

Criminal witnesses, contact with by criminal defendant prohibited without notice to prosecutor, penalties for violations, Defense Initiated Victims Outreach initiative, funding of by public funds prohibited, Sec. 15-23-73 am'd.

Summary

HB217 would require defense lawyers to notify prosecutors before contacting crime victims or their families, allow prosecutors or courts to limit contact, create harassment penalties for unauthorized contact, and ban state funding for a Defense Initiated Victims Outreach program and related services.

What This Bill Does

It prohibits defense attorneys in criminal cases from contacting victims or their immediate family for investigation without first giving notice to the prosecutor, who can consent or ask the court to prohibit such contact. If the prosecutor does not respond within 48 hours after notice, the attorney may contact the victim; if a court prohibition is sought, the attorney must wait for court approval before contacting the victim. Violations would be treated as harassment or a harassing communication under existing harassment laws. The bill also bars use of state funds for the Defense Initiated Victims Outreach initiative and for funding professionals who provide services through that initiative; it takes effect after passage and governor approval.

Who It Affects

• Victims of crimes and their immediate family members, who gain protections against unsolicited contact from defense attorneys and potential harassment penalties for violations.
• Criminal defense attorneys, prosecutors, and state government, who must follow the notice-and-prohibition process, face harassment penalties for violations, and are restricted from using state funds for the specified victims outreach initiative and related services.

Key Provisions

• Amends Section 15-23-73 to require a defendant's attorney to notify the prosecutor before contacting a victim or the victim's immediate family for investigation or development of case issues; the prosecutor may consent or seek a court prohibition.
• If the prosecutor does not respond within 48 hours, the attorney may contact the victim; if a court prohibition is requested, contact is allowed only with court approval.
• Unauthorized contact by a defense attorney constitutes harassment or a harassing communication under the harassment statute (Section 13A-11-8).
• Prohibits use of state funds from the State Treasury for the Defense Initiated Victims Outreach initiative or for funding professionals (counselors, therapists, etc.) to provide services through the initiative; requests for expenditures by judiciary can be treated as contempt.
• The bill explicitly notes it would be exempt from local-funding requirements under Amendment 621 because it creates a new crime or amends the definition of an existing crime.
• Effective date: the act would become effective on the first day of the third month after its 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