HB 59

Session
Regular Session 2018
Title
Domestic violence, in the first, second, and third degree, committed in the presence of a minor, increased incarceration periods and enhanced penalties, Secs. 13A-6-130, 13A-6-131 am'd.
Description

Under existing law, certain periods of incarceration are required for persons convicted of first, second, or third degree domestic violence

This bill would double the incarceration periods for convictions of first or second degree domestic violence if the offenses were committed with knowledge of the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 13A-6-130 and 13A-6-131, Code of Alabama 1975, to provide increased incarceration periods and enhanced penalties for convictions of domestic violence in the first and second degree; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Subjects
Domestic Violence
View Original PDF: HB 59 - Introduced - PDF

Under existing law, certain periods of incarceration are required for persons convicted of first, second, or third degree domestic violence

This bill would double the incarceration periods for convictions of first or second degree domestic violence if the offenses were committed with knowledge of the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 13A-6-130 and 13A-6-131, Code of Alabama 1975, to provide increased incarceration periods and enhanced penalties for convictions of domestic violence in the first and second degree; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

Sections 13A-6-130 and 13A-6-131, Code of Alabama 1975, are amended to read as follows:

§13A-6-130.

(a) A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20 or aggravated stalking pursuant to Section 13A-6-91, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship, as defined in Section 13A-6-139.1, with the defendant. Domestic violence in the first degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment of one year without consideration of probation, parole, good time credits, or any other reduction in time for any second or subsequent conviction under this subsection.

(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the first degree.

(c) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if the offense was committed with knowledge of the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child.

§13A-6-131.

(a) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship, as defined in Section 13A-6-139.1, with the defendant. Domestic violence in the second degree is a Class B felony, except the defendant shall serve a minimum term of imprisonment of six months without consideration of probation, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection.

(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the second degree.

(c) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if the offense was committed with knowledge of the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child."

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 27, 2018HDelivered to Governor at 2:28 p.m. on March 27, 2018.
March 27, 2018HAssigned Act No. 2018-538.
March 27, 2018HClerk of the House Certification
March 27, 2018SSignature Requested
March 22, 2018HEnrolled
March 22, 2018HPassed Second House
March 22, 2018SMotion to Read a Third Time and Pass adopted Roll Call 1082
March 22, 2018SThird Reading Passed
March 21, 2018SWard motion to Carry Over to the Call of the Chair adopted Voice Vote
March 21, 2018SThird Reading Carried Over to Call of the Chair
March 15, 2018SRead for the second time and placed on the calendar
February 6, 2018SRead for the first time and referred to the Senate committee on Judiciary
February 1, 2018HEngrossed
February 1, 2018HMotion to Read a Third Time and Pass adopted Roll Call 168
February 1, 2018HMotion to Adopt adopted Roll Call 167
February 1, 2018HJudiciary Amendment Offered
February 1, 2018HThird Reading Passed
January 18, 2018HRead for the second time and placed on the calendar 1 amendment
January 9, 2018HRead for the first time and referred to the House of Representatives committee on Judiciary
2018-03-22
Chamber: Senate
Result: Passed
2018-02-01
Chamber: House
Result: Passed
2018-02-01
Chamber: House
Result: Passed