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

Description

Under existing law, the crime of domestic violence is committed when a person commits a crime against a victim who has a recognized relationship with the defendant, including the parent, child, or spouse of the defendant.

This bill would further provide for the meaning of "victim" for purposes of the crime of domestic violence by including any child of a present household member who also lives in or visits the household of the defendant.

This bill would establish a temporary holding period for persons arrested for committing domestic violence.

This bill would establish minimum bonding requirements that must be included if a domestic violence defendant is released on bond.

Under existing law, the crimes of domestic violence in the first and second degrees have mandatory minimum penalties that are required to be imposed under certain conditions.

This bill would provide conditions for the imposition of mandatory minimum penalties for domestic violence in the third degree and domestic violence by strangulation.

HB389 INTRODUCED Under existing law, when two or more opposing individuals complain of domestic violence against each other, the law enforcement officer is required to attempt to evaluate each complaint and determine who was the predominant aggressor. If it is determined that one individual was the predominant physical aggressor, the officer may arrest that individual.

This bill would add additional factors to assist the officer in making the determination of which party was the predominant physical aggressor.

Under existing law, law enforcement officers are required to distribute a general summary of the Protection From Abuse Act to domestic violence victims.

This bill would substantially revise the required notice and provide mandatory language to be used.

This bill would prohibit a law enforcement officer, a prosecuting attorney, or a court official from requiring a victim of a sexual offense or domestic violence to undergo a polygraph examination as a condition of proceeding with the investigation of the offense and would deem any refusal to undertake such an examination as inadmissible in court.

Under existing law, each law enforcement agency is required to document and report records of domestic violence incidents.

This bill would specify that domestic violence incidents that are investigated but do not result in an HB389 INTRODUCED arrest must be reported and would require the Alabama State Law Enforcement Agency to input the reports into the Law Enforcement Tactical System.

This bill would also revise the crime of electronic stalking to include placing an electronic monitoring device on an individual directly, indirectly, or by means of a third party.

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Subjects

Crimes & Offenses