SB322 Alabama 2018 Session

Under existing law, the commission of domestic violence is a crime, and there are provisions to protect domestic violence victims from further acts of violence. Furthermore, during the 2015 Regular Session, significant revisions were made to existing provisions in law governing domestic violence offenses and domestic violence protection orders (Act 2015-496)

This bill would clarify certain provisions of Act 2015-496, including clarification of definitions, including dating relationships and household members, certain requirements for sworn petitions for protection orders, notice of hearing and service of process requirements, fines and penalties for violations of protection orders, arrests without warrants for violation of protection orders, release and bail of domestic violence offenders, and provisions governing domestic violence by strangulation or suffocation

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

Relating to domestic violence; to amend Sections 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, as last amended by Act 2017-284, 2017 Regular Session, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, and 30-5-8, Code of Alabama 1975, to clarify certain definitions; to further provide for requirements for sworn petitions for protection orders; to further provide for notice of hearing and service of process requirements; to further provide for fines and penalties for violations of protection orders and arrests without warrants for violations of protection orders; to clarify provisions relating to the release and bail of domestic violence offenders; and to revise provisions relating to domestic violence by strangulation or suffocation; to repeal Section 13A-6-139.1, Code of Alabama 1975, relating to definitions for certain domestic violence offenses; 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.