HB428 Alabama 2023 Session

Summary

Primary Sponsor

Jerry StarnesRepresentative

Republican

Session

Regular Session 2023

Title

Relating to child abuse; to amend Sections 26-15-2 and 26-15-3, Code of Alabama 1975; to further define the crime of child abuse to include willful mistreatment; 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 Section 111.05 of the Constitution of Alabama of 2022.

Summary

HB428 would expand Alabama's child abuse laws by adding willful mistreatment and certain harmful physical contact of young or disabled children, making such acts a Class C felony for responsible adults.

What This Bill Does

It expands the definition of child abuse to include willful mistreatment and specific acts of physical contact with a child five years old or younger, or with children who have mental or developmental disabilities and are 17 or younger, if the contact is intended to cause physical injury. It defines 'mistreat' as intentional behavior that inflicts unnecessary or unjustifiable pain or suffering without causing physical injury. It then treats willful mistreatment or related acts by a 'responsible person' (such as a parent or guardian) as a Class C felony upon conviction. The bill is designed to be exempt from local funding requirements related to new expenditures because it changes crime definitions, and specifies the effective date as the first day of the third month after passage and governor approval.

Who It Affects

• Children in Alabama who are five years old or younger, and those up to 17 with mental or developmental disabilities, who could be subject to criminal penalties for willful contact intended to injure.
• Responsible persons such as natural or adoptive parents, stepparents, guardians, custodians, or others responsible for a child's care or supervision, who could be charged with a Class C felony for willfully mistreating a child.

Key Provisions

• Expands the child abuse definition to include willful mistreatment and certain physical contact with very young children or with disabled children, where the contact is intended to cause injury.
• Creates a Class C felony offense for a responsible person who tortures, willfully abuses, willfully mistreats, cruelly beats, or otherwise willfully maltreats any child under 18.
• Defines 'Mistreat' as intentional behavior that inflicts unnecessary or unjustifiable pain or suffering without causing physical injury.
• Declares the bill exempt from Section 111.05 local-funding requirements because it changes crime definitions, and specifies the effective date as the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and offenses, child abuse, definition further provided, criminal penalties provided