HB304 Alabama 2017 Session

Summary

Primary Sponsor

Rod Scott

Democrat

Session

Regular Session 2017

Title

Elderly, elder abuse protection orders, authorized, elder abuse defined, Sec. 15-10-3 am'd.

Summary

HB304 would create an Elder Abuse Protection Order system to shield people aged 60 and older from abuse, exploitation, and neglect by allowing court orders against abusers and expanding who can petition.

What This Bill Does

It establishes the Elder Abuse Protection Order and Enforcement Act, defines elder abuse, and outlines the protections and penalties. It allows additional individuals besides the elderly person (such as guardians, conservators, power-of-attorney agents, health care proxies, and others) to petition for an elder abuse protection order. It sets up ex parte and final protection orders with various protective measures, enforcement mechanisms (including arrest authority for violations), and remedies like restitution, asset protection, and temporary or permanent relief statewide. It also clarifies filing procedures, court supervision, and how orders are recognized across Alabama, while noting funding considerations for local governments.

Who It Affects

• Elderly persons aged 60 and older who would receive protection from elder abuse protection orders and may have their safety and finances safeguarded.
• Petitioners such as guardians, conservators, temporary guardians, power-of-attorney agents, health care proxies, and other interested persons who can file on behalf of an elderly person lacking capacity.
• People accused of elder abuse (abusers) who would be subject to protective orders and potential penalties if they violate them.
• Law enforcement officers, prosecutors, and courts who would enforce orders, hold hearings, and determine violations and penalties.
• Local governments and state agencies, with the bill noting local-funding considerations and exemptions under constitutional amendments.

Key Provisions

• Creates the Elder Abuse Protection Order and Enforcement Act, defines elder abuse, and sets statewide goals to protect victims and accelerate protection orders.
• Broadly defines who may be considered an elder and who can petition for protection (including caregivers, guardians, conservators, temporary guardians, power-of-attorney agents, health care proxies, and protective services representatives).
• authorizes ex parte (temporary) protection orders and final protection orders, with timelines for hearings (final within 10 days after service) and standards of proof (preponderance of the evidence).
• Lists protective relief options (e.g., stay-away orders, removing the abuser from the residence, control of vehicles and property, accounting requirements, restricting power of attorney, and other necessary protections) and allows final orders to include restitution and firearms restrictions.
• Allows petitions to be filed in circuit, special circuit, or designated district courts, and permits filing in various contexts (pending civil action or as an independent action); provides service rules and waivers of certain court costs for petitioners.
• Provides enforcement mechanisms, including officer arrest with probable cause for violations, recognition of orders stored electronically, and requirements to provide notice and opportunity to comply if not served initially.
• Defines penalties for violations (Class A misdemeanor on first violation; minimum prison terms for second and third or subsequent convictions).
• Gives courts authority to modify existing orders ex parte or with notice, and allows a range of protective actions based on risk and necessity.
• Includes provisions for how orders from other states are given full faith and credit in Alabama and cross-state recognition.
• Addresses local funding implications under Amendment 621, stating the act is excluded from certain local-funding requirements due to being a defined crime or modification of crime, and sets its effective date.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Elderly