SB368 Alabama 2016 Session

This bill would provide for the issuance of temporary and permanent protection orders against sexual assault, stalking, and human trafficking (a STOP order)

This bill would establish procedures for petitioning for the issuance of temporary and permanent STOP orders, would provide for notice and hearings on the petition, would set forth evidentiary standards, and would provide for the modification of STOP orders under certain conditions

This bill would also provide criminal penalties for the violation of STOP orders and would authorize a law enforcement officer to arrest a STOP order violator without a warrant under certain conditions

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

Relating to protective orders; to provide for the issuance of temporary and permanent protection orders against sexual assault, stalking, and human trafficking; to provide for jurisdiction for the issuance of the protective orders; to establish procedures for petitioning for the issuance of temporary and permanent orders; to provide for the assessment of costs and fees; to provide for notice and hearings on the petition; to set forth evidentiary standards; to prohibit the disclosure of certain information; to provide for the modification of the orders under certain conditions; to provide for criminal penalties for violations; to authorize the warrantless arrest of violators under certain conditions; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.