HB425 Alabama 2019 Session

Summary

Primary Sponsor

David FaulknerRepresentative

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hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.

Summary

HB 425 updates Alabama's domestic violence laws by clarifying definitions, strengthening protection orders, and increasing penalties and victim protections.

What This Bill Does

The bill clarifies DV definitions and creates stronger penalties, including minimum terms and doubling of sentences in specific cases. It improves protection order processes with sworn petitions, clearer notice and service rules, a statewide registry, and mandatory rights notices for victims. It revises enforcement and arrest rules, adds strangulation/suffocation offenses, and enhances court safety measures such as victim waiting areas and bail considerations. It repeals an existing DV definitions section and expands protections for victims through new procedures and funding provisions.

Who It Affects

• Domestic violence victims: receive clearer protections, faster court notices, confidential handling of personal information, and safer court procedures.
• Domestic violence offenders: face stricter arrest, bail, and sentencing rules, including enhanced penalties for certain violations and conditions to protect victims.

Key Provisions

• Defines domestic violence first, second, and third degrees with related offenses and imposes minimum or enhanced imprisonment terms for certain violations, including when a violation occurs while a protection order is in place or when a child is present.
• Revises the domestic violence by strangulation or suffocation offense to address strangulation or attempted strangulation and classifies it as a Class B felony.
• Repeals section 13A-6-139.1 and amends related sections (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) to clarify definitions and procedures.
• Requires law enforcement to determine the predominant aggressor when there are two or more DV complaints, using specified factors like prior complaints, injury severity, likelihood of future harm, and self-defense.
• Adds a Legal Rights and Remedies Notice to Victims and creates a standardized form distributed statewide for protection orders, including a statewide DV hotline number.
• Enhances protection order enforcement, with new penalties for violations and an additional $50 fine to be sent to the Domestic Violence Trust Fund; requires service and registry entries and NCIC transmission.
• Imposes new arrest and pretrial release rules for DV offenses, including custody within 48 hours for certain DV arrests and possible conditional release with court-imposed protective conditions.
• Authorizes a waiting area for DV victims in court and, if not available, procedures to minimize contact between victims and defendants; specifies separate orders to protect victims and their families.
• Requires courts to issue non-mutual, clearly written protection orders and allows petitions to be filed by victims, parents/guardians, or the State Department of Human Resources, with flexible filing locations and no mandatory residency requirement.
• Eliminates public disclosure of victim addresses and implements confidential handling of sensitive information; mandates rapid notification to victims and law enforcement agencies after orders are issued or modified.

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