SB35 Alabama 2017 Session

Summary

Primary Sponsor

Clay Scofield

Republican

Session

Regular Session 2017

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hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.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

SB35 updates Alabama’s domestic violence laws by clarifying definitions, strengthening protection-order rules, and tightening enforcement and penalties, with an immediate effective date.

What This Bill Does

It clarifies definitions (including dating relationships and household members) and updates sworn-petition, hearing-notice, and service requirements for protection orders. It strengthens enforcement by increasing penalties for protection-order violations (and for domestic violence by strangulation), and it tightens arrest and bail rules for DV offenders. It repeals an older DV-definitional statute and adds measures for victim notification, court procedures, and data sharing with law enforcement, all effective immediately.

Who It Affects

• Domestic violence victims and petitioners (including current/former spouses, parents, children, household members, and people in dating relationships) by providing clearer definitions, faster protection-order processes, and enhanced privacy protections.
• Domestic violence offenders and enforcement entities (police, sheriffs, prosecutors, and courts) by introducing new arrest-without-warrant authority, stricter release/bail conditions, higher penalties for violations, and expanded court procedures and reporting requirements.

Key Provisions

• Clarifies definitions for dating relationships and household members; excludes non-romantic or non-intimate co-residents from being considered household members.
• Domestic violence first, second, and third degrees are redefined with specific penalties: minimum imprisonment terms for repeat DV, and double minimum terms if the offender violates a protection order while committing DV; third-degree DV may be a Class C felony on repeat offenses.
• DV by strangulation or suffocation is defined and established as a Class B felony, with specific acts constituting the offense.
• Predominant aggressor provisions require officers to evaluate who is the predominant aggressor using listed factors and to avoid coercing victim participation; officers must provide a Legal Rights and Remedies notice to victims.
• Protection order violations carry updated penalties: first violation is a Class A misdemeanor; second requires at least 30 days’ imprisonment; third or subsequent requires at least 120 days’ imprisonment, plus a $50 fine to fund the Domestic Violence Trust Fund.
• Arrest and pretrial release rules: officers may arrest without a warrant for DV-related offenses and must hold the suspect for court appearance within 24–48 hours with possible conditions on release, including contact restrictions and firearm prohibitions.
• Court procedures and victim protections: courts must provide separate waiting areas for DV victims when possible; standardized sworn petitions; no court costs for filing or serving petitions; immediate notice to victims and enforcement agencies; and mandatory data capture and sharing with national and state law enforcement databases.
• repeals Section 13A-6-139.1 definitions and includes a constitutional note about local funding requirements, noting exemptions under Amendment 621; act becomes effective immediately 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