HB425 Alabama 2019 Session

Updated Apr 26, 2021

House Bill

Enacted

Current Status

Regular Session 2019

Session

Sponsor

Summary

Primary Sponsor: David Faulkner Representative
Republican
Session: Regular Session 2019
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hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.
Description: 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 the existing provisions in the 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.
Subjects: Domestic Violence