HB298 Alabama 2017 Session

Summary

Primary Sponsor

Phillip PettusRepresentative

Republican

Session

Regular Session 2017

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, Hollie's Law, Secs. 13A-5-40, 13A-6-130, 13A-6-131, 13A-6-132 am'd.

Summary

HB298 (Hollie's Law) would stiffen penalties for domestic violence when a minor witnesses and add a capital offense for murders witnessed by a child when the victim is a parent or guardian.

What This Bill Does

It doubles the minimum prison terms for first- and second-degree domestic violence if a child under 18 witnessed the crime, and it increases penalties for a first conviction of third-degree domestic violence if a child witnessed. It also enhances penalties for second-, third-, or subsequent convictions of third-degree domestic violence when a child witnessed. It adds murder by the defendant, witnessed by a child under 18, where the victim was the child's parent or guardian, to the list of capital offenses. The bill notes a local-funding exception under Amendment 621 and sets an effective date for the law a few months after passage.

Who It Affects

• Domestic violence offenders, who would face longer prison terms for first-/second-degree DV and stricter penalties for third-degree DV when a child is a witness.
• Children and families in DV situations, who would experience harsher consequences for offenders when a minor witnesses, and could be affected by the new capital-offense rule if a murder involving a parent/guardian is witnessed by a child.

Key Provisions

• Amends 13A-5-40 to add murder witnessed by a child under 18, where the victim is a parent or guardian, as a capital offense.
• Amends 13A-6-130 (Domestic Violence First Degree) to double the minimum term if a child under 18 witnesses the DV.
• Amends 13A-6-131 (Domestic Violence Second Degree) to double the minimum term if a child under 18 witnesses the DV.
• Amends 13A-6-132 (Domestic Violence Third Degree) to provide increased penalties when a child under 18 witnesses the DV, including 15-day minimum for a first such conviction, 60-day minimum for a second such conviction, and a Class C felony for third or subsequent such convictions.
• Includes language about Amendment 621 (local expenditures) but states the bill is exempt from the local-vote requirement because it defines or changes a crime; Sets the act to take effect on the first day of the third month after 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