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HB309 INTRODUCED
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HB309
5V8Q833-1
By Representative Givan
RFD: Judiciary
First Read: 22-Jan-26
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5V8Q833-1 01/20/2026 GP (L)lg 2026-328
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First Read: 22-Jan-26
SYNOPSIS:
This bill would establish a persistent domestic
violence offender registry within the Alabama State Law
Enforcement Agency (ALEA), which would include the name
and certain information identifying individuals
convicted of more than one domestic violence offense.
This bill would require the court to order
persistent offenders to register with ALEA and would
require the relevant court clerk to provide ALEA with
identifying information for persistent offenders.
This bill would specify what information is
included and excluded from the registry.
This bill would require persistent offenders to
pay a $150 fine, $100 of which shall be deposited into
the Domestic Violence Trust Fund.
This bill would require the registry to be
publicly available on ALEA's website at no cost.
This bill would provide for the removal of an
offender from the registry after a certain period of
time, provided the persistent offender has not
committed additional domestic violence offenses.
This bill would also require ALEA to adopt
rules.
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A BILL
TO BE ENTITLED
AN ACT
Relating to domestic violence; to establish a
persistent domestic violence offender registry within the
Alabama State Law Enforcement Agency (ALEA); to require
persistent offenders to register with ALEA; to establish a
fine for persistent offenders; to provide for the publicly
available contents of the registry; to provide procedures for
removal from the registry; and to require ALEA to adopt rules.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) ALEA. The Alabama State Law Enforcement Agency.
(2) CONVICTED or CONVICTION. All of the following:
a. A verdict of guilty by a judge or jury.
b. A plea of guilty.
c. A plea of nolo contendere or a best interest plea.
(3) DOMESTIC VIOLENCE OFFENSE. All of the following:
a. Domestic violence in the first degree, as provided
in Section 13A-6-130, Code of Alabama 1975.
b. Domestic violence in the second degree, as provided
in Section 13A-6-131, Code of Alabama 1975.
c. Domestic violence in the third degree, as provided
in Section 13A-6-132, Code of Alabama 1975.
d. Domestic violence by strangulation or suffocation,
as provided in Section 13A-6-138, Code of Alabama 1975.
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as provided in Section 13A-6-138, Code of Alabama 1975.
(4) PERSISTENT DOMESTIC VIOLENCE OFFENDER or PERSISTENT
OFFENDER. An individual who has been convicted of a domestic
violence offense and has at least one prior conviction of a
domestic violence offense.
(5) REGISTRY. The registry of persistent domestic
violence offenders established within ALEA pursuant to Section
2.
Section 2. (a) There is created within ALEA a registry
of persistent domestic violence offenders. The registry must
be made available on ALEA's website at no cost to the public.
(b) The registry shall include all of the following
information:
(1) The persistent offender's full name and date of
birth.
(2) The persistent offender's conviction date and the
county or counties where each conviction occurred.
(3) A current photograph of the offender.
(c) The registry may not include:
(1) A persistent offender's address, Social Security
number, driver license number, or any other state or federal
identification number; or
(2) Any information that would identify the victim of a
domestic violence offense.
Section 3. (a)(1) If an individual is convicted of a
second or subsequent domestic violence offense, the court,
upon proof of any prior conviction of a domestic violence
offense, shall order the defendant to register with ALEA as a
persistent domestic violence offender.
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persistent domestic violence offender.
(2) The registration requirement applies to individuals
convicted of a second or subsequent domestic violence offense
that occurred on or after January 1, 2027, provided that a
prior conviction may have occurred before January 1, 2027.
(b)(1) If an individual is ordered to register as a
persistent domestic violence offender under subsection (a),
not later than seven days after the conviction, the court
clerk shall forward ALEA a certified copy of the qualifying
conviction and the date of birth of the persistent offender.
(2) If available after reasonable inquiry, the court
clerk shall also provide ALEA with a copy of the persistent
offender's driver license or other state or federal
identification, and any other identifying data that ALEA
determines is necessary to properly identify the persistent
offender and exclude innocent individuals, provided that only
the information specified in Section 2 may be published on the
registry.
(c) Notwithstanding Article 1, Chapter 5 of Title 13A,
Code of Alabama 1975, and in addition to any other punishment
that may be imposed for a conviction of a domestic violence
offense, a defendant required to register pursuant to this act
shall be assessed a one hundred fifty dollar ($150)
registration fee, which shall be paid to the clerk of the
court imposing the sentence. The clerk of the court shall:
(1) Retain fifty dollars ($50) of the fee for the
administration of this act, which must be reserved only for
the purposes authorized by this section; and
(2) Remit one hundred dollars ($100) to the Alabama
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(2) Remit one hundred dollars ($100) to the Alabama
Department of Economic and Community Affairs for deposit into
the Domestic Violence Trust Fund, created pursuant to Section
30-6-11, Code of Alabama 1975.
Section 4. (a) ALEA shall remove the name and other
identifying information of a persistent domestic violence
offender required to register under this section as follows:
(1) Five years after the date of the most recent
conviction of a domestic violence offense if the persistent
offender has one prior conviction of a domestic violence
offense.
(2) Seven years after the date of the most recent
conviction of a domestic violence offense if the persistent
offender has two prior convictions of domestic violence
offenses.
(3) Ten years after the date of the most recent
conviction of a domestic violence offense if the persistent
offender has three prior convictions of domestic violence
offenses.
(4) Twenty years after the date of the most recent
conviction of a domestic violence offense if the persistent
offender has four or more prior convictions of domestic
violence offenses.
(b) Any subsequent conviction of a domestic violence
offense after the persistent offender's initial registration
shall restart the calculation of time provided in subsection
(a).
Section 5. ALEA shall adopt rules to implement and
administer this section.
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administer this section.
Section 6. This act shall become effective on January
1, 2027.
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