HB338 Alabama 2016 Session

Summary

Primary Sponsor

Phillip PettusRepresentative

Republican

Session

Regular Session 2016

Title

Domestic violence, increased incarceration periods and enhanced penalties for convictions of first, second, or third degree domestic violence if committed in the presence of a minor, capital offense expanded to include murder of a parent or guardian in the presence of a child, Secs. 13A-5-40, 13A-6-130, 13A-6-131, 13A-6-132 am'd.

Summary

HB338 would raise penalties for domestic violence when a minor is a witness and create a new capital offense for murder witnessed by a child when the victim is a parent or guardian.

What This Bill Does

HB338 would raise penalties for domestic violence when a minor is a witness and create a new capital offense for murder witnessed by a child whose victim is a parent or guardian. It doubles the minimum prison terms for first- and second-degree domestic violence if a child under 18 witnesses the crime, and it increases penalties for a first-degree third-degree DV conviction when a child witnesses, with enhanced penalties for second- or subsequent third-degree DV convictions when a child witnesses. It adds murder by the defendant that is witnessed by a child under 18, where the victim was the parent or legal guardian of the child, as a capital offense. It also notes that while the bill would require new local expenditures, it is exempt from local-government approval under Amendment 621 due to specified exceptions.

Who It Affects

• Domestic violence offenders, particularly those whose crimes involve a child under 18 as a witness, who would face longer minimum prison terms and tougher penalties.
• Children under 18 who witness domestic violence and the parents or guardians of those children, who would be affected by the new capital offense and the possibility of longer penalties in related cases.

Key Provisions

• Minimum term for first-degree DV doubled if a child under 18 witnesses the crime.
• Minimum term for first-degree DV doubled if a protected order is willfully violated and DV occurs.
• Minimum term for second-degree DV doubled if a child under 18 witnesses the crime.
• Third-degree DV: base minimum term is 30 days; if a child under 18 witnesses, the minimum term is 15 days.
• Second conviction of third-degree DV with a child witness is a Class A misdemeanor with a 60-day minimum term.
• Third or subsequent conviction of third-degree DV with a child witness is a Class C felony.
• Murder by the defendant witnessed by a child under 18, with the victim being the parent or legal guardian, is added as a capital offense.
• Local expenditure note: the bill is exempt from local-government approval requirements under Amendment 621 due to specified exceptions.
• Effective date: becomes law on the first day of the third month after 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

Domestic Violence