House Bill 389 Alabama 2026 Session

Summary

Primary Sponsor

Chad RobertsonRepresentative

Republican

Session

2026 Regular Session

Title

Crimes and procedure; domestic violence crimes, substantially revised; temporary holding periods and bond requirements, established; criminal penalties increased under certain conditions

Summary

HB389 would overhaul Alabama's domestic violence laws by expanding victim definitions, adding temporary holding and bond requirements, and increasing penalties for certain DV offenses, while tightening enforcement and victim-notice procedures.

What This Bill Does

The bill expands who can be considered a domestic violence victim (including children in a household who live with or visit the defendant). It creates a temporary holding period for DV arrests and requires minimum bond conditions if the defendant is released, such as no contact with the victim and firearm restrictions. It raises mandatory minimum penalties for domestic violence in the third degree and for strangulation, with penalties doubled in certain situations (e.g., presence of a child or violation of a protection order). It updates enforcement and victim-support provisions, including using new factors to identify the predominant aggressor, revising Protection From Abuse Act notices, prohibiting polygraph tests of DV or sexual offense victims, requiring incident reporting even when no arrest is made, and expanding electronic stalking provisions to cover electronic monitoring devices and related record-keeping.

Who It Affects

• Domestic violence victims and their families/households (including children present or visiting) who gain broader protections, clearer notices, and safer procedures.
• DV defendants and criminal justice system actors (police, prosecutors, courts) who face new holding periods, bond requirements, enhanced penalties, and expanded reporting/record-keeping obligations.

Key Provisions

• Defines victim to include a child of a present household member who lives in or visits the household.
• Creates a temporary holding period for DV arrests and sets minimum bond conditions for release, including no contact and firearm restrictions.
• Expands penalties by creating mandatory minimum terms for third-degree DV and strangulation offenses and doubling the minimum terms in specified aggravating circumstances.
• Expands DV-related definitions (dating relationship, household member, child-in-common) and adds factors for determining the predominant aggressor, plus revised protective-order and notice requirements.
• Requires law enforcement to record and input DV incidents (including non-arrest cases) into the LE Tactical System and updates electronic stalking laws to include electronic monitoring devices.
• Prohibits polygraph examinations of DV/sexual offense victims and makes refusals inadmissible; increases reporting and data-sharing requirements across agencies.
• Includes changes to firearm prohibitions for DV offenders (based on prior convictions, protective orders, or unsound mind) and creates additional penalties under DV-related offenses.
• Sets up funding and standards related to sentencing and corrections for DV offenses (including Continuum of Punishments and related statutes).

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes & Offenses