SB368 Alabama 2016 Session

Summary

Primary Sponsor

Vivian Davis FiguresSenator

Democrat

Session

Regular Session 2016

Title

Protection orders, issuance of temporary and permanent orders against sexual assault, stalking, and human trafficking by circuit court, procedures, hearings, criminal penalties for violations

Description

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.

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Subjects

Protection Orders