SB430 Alabama 2016 Session

Summary

Primary Sponsor

Clay Scofield

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hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.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

SB430 updates Alabama's domestic violence laws to clarify definitions, improve protection orders, and strengthen penalties and procedures, with immediate effect after governor approval.

What This Bill Does

It clarifies key terms like dating relationships and household members and repeals the old DV definitions. It tightens protection order processes, including sworn petitions, notice of hearings, service of process, standardized petitions, and separate protective orders. It strengthens enforcement and penalties, including a defined strangulation/suffocation DV offense, higher penalties for violations of protection orders, and expanded arrest and bail rules for DV cases. It also adds victim-support measures and funding mechanisms, such as a $50 fine to fund the Domestic Violence Trust Fund, and requires court procedures that protect victims, with immediate effectiveness upon passage.

Who It Affects

• Domestic violence victims: receive clearer legal definitions, faster and clearer protection orders, better notification and confidentiality protections, and safer court environments.
• Domestic violence offenders: face tougher penalties, expanded arrest and release/bail rules, and longer potential jail terms for violations, including strangulation or suffocation offenses.

Key Provisions

• Amends multiple DV-related sections to clarify definitions (including dating relationships and household members) and repeals the older 13A-6-139.1 definitions.
• Improves protection order procedures with sworn petitions, notice of hearings, service of process, standardized petitions, and separate, clearly defined orders; adds victim rights notices and court registry requirements.
• Strengthens penalties and enforcement for DV: defines DV by strangulation/suffocation as a crime (Class B felony); increases penalties for protection order violations (Class A misdemeanor for first offense; minimums for subsequent offenses); allows warrantless arrests for violations and tightens release/bail conditions; adds a $50 fine to fund the Domestic Violence Trust Fund.
• Enhances court/victim safety and notification: requires protective order registry updates, court- and LEA-facing notices, confidentiality measures for victim information, and procedures for rapid notification to victims and enforcement agencies.

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