HB458 Alabama 2016 Session

Summary

Primary Sponsor

Connie C. Rowe

Republican

Session

Regular Session 2016

Title

Domestic violence, protection orders, definitions clarified, notice of hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.

Summary

HB458 updates Alabama's domestic violence laws by clarifying definitions, protection order procedures, enforcement, and penalties (including strangulation offenses) and adding victim-notification and funding provisions.

What This Bill Does

The bill clarifies who is covered by domestic violence definitions (including dating relationships and household members) and repeals old definitions, replacing them with clearer terms. It strengthens protection orders by requiring sworn petitions, clear notice of hearings, proper service, standardized forms, and separate orders (no mutual orders) with no filing costs. It expands penalties for DV offenses, creates a strangulation/suffocation DV offense, and imposes enhanced penalties for violating protection orders; it also authorizes arrest without warrants for violations and tightens pretrial release and bail conditions. It improves victim protections through mandatory legal rights notices, victim notification systems, confidential handling of sensitive information, and court/agency reporting to registries and law enforcement; it also directs a $50 fine to the Domestic Violence Trust Fund and clarifies funding-related constitutional requirements. The act becomes effective immediately and is treated as exempt from certain local-expenditure vote requirements under Amendment 621.

Who It Affects

• Domestic violence victims and individuals seeking protection orders: gain clearer definitions of who is protected, improved petition and hearing notice processes, confidential handling of personal information, and enhanced victim rights and notifications.
• Offenders, law enforcement, and courts: face new or strengthened arrest powers without warrants for order violations, revised bail and release conditions, additional penalties (including a new strangulation/suffocation DV offense), and required reporting and registry updates plus a dedicated funding mechanism.

Key Provisions

• Clarifies definitions of dating relationships and household members; repeals the prior 13A-6-139.1 definitions and substitutes clarified terms.
• Requires sworn petitions for protection orders, standardized petitions, notice of hearings, proper service, and prohibits mutual protective orders; waives court costs for filing/serving orders.
• Creates/defines domestic violence by strangulation or suffocation as a Class B felony; adjusts penalties for DV offenses (first/second/third degree) and doubles minimum terms for violations of protection orders committed while DV is occurring.
• Authorizes arrest without warrants for violations of protective orders and domestic violence acts; sets pretrial release/bail procedures with potential conditions to protect victims and ensure court appearance.
• Requires courts to provide victim waiting areas or minimized contact; mandates distribution of Legal Rights and Remedies Notices to victims; mandates victim notification and protective order registry reporting.
• Imposes an additional $50 fine for protection order violations to be deposited into the Domestic Violence Trust Fund; establishes information-sharing and confidentiality provisions for victim data and service notifications.
• Repeals §13A-6-139.1 definitions; notes conformity with Amendment 621 exceptions; effective immediately upon passage.

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