SB283 Alabama 2019 Session

Summary

Primary Sponsor

Clay Scofield

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hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.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

SB 283 tightens and clarifies Alabama's domestic violence laws, updating definitions, protection orders, enforcement, and penalties, including for strangulation.

What This Bill Does

SB 283 clarifies key terms such as dating relationships and household members; updates how protection orders are requested, served, and enforced. It strengthens enforcement by allowing arrests without warrants for violations, adds new or higher penalties for violating orders and for strangulation, and tightens bail and release rules for offenders. It creates a victim-rights notice, improves court procedures to protect victims, and sets up a funding mechanism through a DV Trust Fund. It also repeals an older definitions section and explains local-funds implications under the state constitution.

Who It Affects

• Domestic violence victims and their families or household members: gain clearer protections, faster and clearer notices, safer court procedures, and access to a standardized victim rights notice and remedies.
• Domestic violence offenders: face stricter penalties (including for strangulation), enhanced arrest and bail rules, mandatory release considerations, and firearm restrictions and other conditions designed to protect victims.

Key Provisions

• Clarifies definitions for dating relationships and household members, and repeals the old 13A-6-139.1 definitions.
• Requires sworn petitions for protection orders to include specific allegations, facts, and fears, with special rules when a minor child lives at home.
• Requires notice of hearings and service of process, with standardized procedures and forms, and enables electronic issuance and transmission of orders and notices.
• Increases penalties for protection order violations and creates new offenses for domestic violence by strangulation or suffocation (Class B felony).
• Establishes enhanced minimum imprisonment terms for violations (including doubling minimum terms if a child is present) and classifies successive violations with escalating penalties (Class A misdemeanor for first/second offenses; Class C felony for third or more).
• Allows law enforcement to arrest without warrants for violations of protection orders and requires documentation and reporting of domestic violence investigations.
• Imposes pretrial release and bail rules with conditions to protect victims (including contact restrictions and firearm prohibitions) and provides for revocation of probation or bail in certain DV cases.
• Creates a ‘Legal Rights and Remedies Notice to Victims’ and mandates its distribution, along with a statewide victim-rights framework and hotline information.
• Advances court protections such as separate waiting areas for DV victims and specifics to minimize contact if separate space is unavailable.
• Requires protection orders to be entered into a state registry and transmitted to national and state enforcement systems for enforcement.
• Enacts monetary penalties, including a $50 DV-fund fine, to be deposited into the Domestic Violence Trust Fund; prohibits court costs for petition filing and service under this chapter.
• Repeals 13A-6-139.1 and notes that the bill falls under exceptions to Amendment 621 regarding local-funds expenditures.

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