HB76 Alabama 2023 Session

Summary

Primary Sponsor

Matt SimpsonRepresentative

Republican

Session

Regular Session 2023

Title

Relating to crimes and offenses; to amend Sections 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-138, and 30-5-2, Code of Alabama 1975, to include additional family members that may be a victim of domestic violence; 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

HB76 broadens domestic violence protections by adding grandparents and certain relatives to the list of victims and adjusts penalties accordingly.

What This Bill Does

The bill adds grandparent, step-grandparent, grandchild, and step-grandchild to the victims eligible for domestic violence charges in the first, second, and third degrees. It also updates protection-from-abuse definitions to recognize these relatives as victims and includes them in related court and sentencing provisions. Penalties follow existing tiers (first degree Class A felony with a one-year minimum, second degree Class B felony with a six-month minimum, third degree Class A misdemeanor with a 30-day minimum under certain conditions) and can be heightened if a child is present or a protection order is violated; courts must document whether the act occurred in the presence of a child and juries must render a verdict on that issue. The bill notes a potential local-fund impact but is exempt from the Constitution’s local-fund vote requirements because it creates or amends a crime, and it becomes effective on the first day of the third month after passage.

Who It Affects

• Victims who are grandparents, step-grandparents, grandchildren, or step-grandchildren, who would now be covered by domestic violence protections and related orders.
• Defendants charged with domestic violence against these newly protected relatives; courts, prosecutors, and law enforcement will apply the expanded victim definitions, enhanced penalties (in certain cases), and required court findings related to presence of a child.

Key Provisions

• Adds grandparent, step-grandparent, grandchild, and step-grandchild to the victim list in 13A-6-130 (first degree), 13A-6-131 (second degree), and 13A-6-132 (third degree).
• Adds those relatives to 13A-6-138 (strangulation or suffocation) as victims in related DV offenses.
• Adds the same relatives to 30-5-2 definitions so they can be victims under protection-from-abuse orders.
• Requires written findings of fact on whether the act was committed in the presence of a child, and if tried by jury, requires a special verdict on this issue.
• Preserves and clarifies the existing penalty structure for DV offenses and notes possible enhancements if a child is present or a protection order is violated.
• Section 2 states the bill is exempt from Section 111.05 local-fund requirements because it defines a new crime or amends an existing one, with an effective date on the first day of the third month after passage.

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; amend the domestic violence statutes to include additional family members that can be victims