SB274 Alabama 2017 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

Regular Session 2017

Title

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

Summary

SB274 creates the Elder Abuse Protection Order and Enforcement Act to protect elderly people by allowing protection orders, expanding who can petition, and outlining penalties for violations.

What This Bill Does

It defines elder abuse and related terms, and allows not only the elderly person but also certain others (guardians, conservators, temporary guardians, power-of-attorney agents, health care proxies, etc.) to petition for protection orders. It authorizes circuit courts and designated judges to issue ex parte and final protection orders, with hearings and a range of protective remedies. It provides enforcement mechanisms, penalties for violations, and cross-jurisdiction recognition, while ensuring petitioners are not charged filing or service costs; the act is exempt from local expenditure rules.

Who It Affects

• Elderly persons (60 years and older) who may be victims of elder abuse and would receive protection orders and related relief.
• Individuals who can petition on behalf of an elderly person (guardians, conservators, temporary guardians, agents under power of attorney, health care proxies, and others with protective authority) and law enforcement/courts that enforce and implement the orders.

Key Provisions

• Establishes the Elder Abuse Protection Order and Enforcement Act and defines key terms (elder abuse, elderly person, caregiver, etc.).
• Allows a broader set of petitioners beyond the elderly victim to seek protection orders (e.g., guardians, conservators, temporary guardians, power-of-attorney agents, health care proxies, and protective services interests).
• Gives circuit courts and designated judges authority to issue protection orders in civil actions or related relief actions, with specific filing locations and procedures.
• Authorizes both temporary ex parte protection orders and final orders, with quick timelines for hearings and standards of proof (preponderance of the evidence).
• Lists protective remedies (stay-away orders, restraining orders, removal from residence, control of vehicles and assets, accounting requirements, restrictions on transferring funds or assets, and other necessary relief).
• Allows final orders to include restitution, return of funds or property, firearms restrictions, and attorney’s fees when appropriate; protects title to real estate from being affected by the order.
• Provides robust enforcement provisions: violations are Class A misdemeanors with escalating penalties for repeated offenses; law enforcement can arrest with probable cause, and orders are enforceable statewide and recognized across jurisdictions.
• Requires service of orders on relevant parties and ensures copies are provided to law enforcement and guardians/conservators when applicable; officers must document notice and allow compliance if the order was not served.
• Costs: courts cannot charge petitioners filing or service costs for these petitions; costs may be assessed against the defendant at the court’s discretion.
• Exemption from Amendment 621 local expenditure requirements because the bill defines a new crime or amends an existing crime; effective date is the first day of the third month after governor approval.
• Defines the elderly abuse terms and cross-references related Alabama code sections for the underlying abuses (e.g., physical harm, financial exploitation, harassment, theft, etc.).

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