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

HB389 INTRODUCED
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HB389
EJR7V22-1
By Representative Robertson
RFD: Judiciary
First Read: 05-Feb-26
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EJR7V22-1 01/28/2026 CMH (L)bm 2025-3796
Page 1
First Read: 05-Feb-26
SYNOPSIS:
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.
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strangulation.
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
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incidents that are investigated but do not result in an
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.
A BILL
TO BE ENTITLED
AN ACT
Relating to domestic violence crimes; to provide
definitions for purposes of the domestic violence law; to
amend Sections 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-135,
13A-6-136, 13A-6-137, 13A-6-138, 13A-6-139, 13A-6-139.2,
13A-6-141, 13A-6-142, and 13A-6-143, Code of Alabama 1975, to
further provide for the crimes of domestic violence in various
degrees to include the minor children of a party who has a
dating relationship with the defendant; to establish a
temporary holding period and bond requirements for violations;
to establish mandatory minimum periods of incarceration for
certain violations; to include additional factors for
determining predominant domestic violence aggressor; to
establish mandatory language to be used in the notice
distributed to domestic violence victims; to prohibit the
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distributed to domestic violence victims; to prohibit the
required use of a polygraph device for victims of sexual
offenses or domestic violence; to require the reporting of
domestic violence incidents that do not result in an arrest;
to amend Sections 15-10-3 and 15-13-190, Code of Alabama 1975,
to establish a temporary holding period and bond requirements
for arrests made for violations of a protection from abuse
order; to amend Section 12-25-32, Code of Alabama 1975, to
include within the meaning of "violent offense" the crime of
domestic violence in the third degree when committed following
a previous conviction for domestic violence; to amend Section
13A-11-72, as last amended by Act 2025-273, 2025 Regular
Session, Code of Alabama 1975, to further provide definitions;
to amend Section 30-5-2, Code of Alabama 1975, to further
provide definitions; and to amend Sections 13A-6-92, 13A-6-95,
and 13A-6-96, Code of Alabama 1975, to further provide for the
crime of electronic stalking by prohibiting the placement of
an electronic monitoring device indirectly or through a third
party.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For purposes of Article 7 of Chapter 6 of
Title 13A, Code of Alabama 1975, the following terms shall
have the following meanings:
(1) ASPHYXIA. Any restriction, however slight, of
oxygen or blood flow to the body.
(2) CHILD. The term as defined under Section 26-14-1,
Code of Alabama 1975.
(3) CHILD IN COMMON. A child born or unborn of the
parties who share: (i) physical or legal custody; or (ii)
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parties who share: (i) physical or legal custody; or (ii)
parentage, regardless of any past or present relationship.
(4) DATING RELATIONSHIP. A substantive romantic or
intimate social relationship characterized by the expectation
of affection or sexual involvement between the parties over
time during the course of the relationship.
(5) DOMESTIC VIOLENCE VICTIM or VICTIM. An individual
who is related to the domestic violence defendant in any of
the following ways:
a. A current or former spouse.
b. A parent or step-parent.
c. A child or step-child.
d. A grandparent or step-grandparent.
e. A grandchild or step-grandchild.
f. A person with whom the defendant has a child in
common.
g. A present household member.
h. A child of a present household member who also lives
or visits the household of the defendant.
i. A person who has or had a dating relationship with
the defendant.
j. A ward of a guardian if the guardian is any of the
individuals described in this subdivision.
(6) GUARDIAN. A person who is the legal guardian or
assumed guardian by kinship or friendship of a ward. The term
includes a person who has significant care, custody, or
control over another individual physically, legally, or
financially, and who lives with the individual.
(7) HOUSEHOLD MEMBER. An individual who is temporarily
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(7) HOUSEHOLD MEMBER. An individual who is temporarily
or permanently living with the defendant and who is
romantically or intimately involved with the defendant. The
term does not include co-residents, roommates, or other
non-romantic or non-intimate relationships.
(8) IN THE PRESENCE OF A CHILD. When an act occurs and
a child is present and in a position to see or hear the act;
provided, the term does not require the child to have in fact
visually or audibly witnessed the act.
(9) PHYSICAL HARM. Any injury, illness, or other
physiological impairment, including restraint, that results in
any measure of harm regardless of its gravity or duration.
(10) STRANGULATION. Knowingly, willfully,
intentionally, or recklessly causing or attempting to cause
asphyxia by closure or compression of the blood vessels or air
passages of the neck as a result of external pressure.
(11) SUBSTANTIALLY SIMILAR CONVICTION. Any similar
offense for which an Alabama offender has been convicted under
current or prior Alabama law or the law of any other state,
the District of Columbia, the United States, or any of the
territories of the United States.
(12) SUFFOCATION. Knowingly, willfully, intentionally,
or recklessly causing or attempting to cause physical harm by
intentionally causing asphyxia by depriving a person of air or
by preventing a person from breathing through the inhalation
of toxic gases or by blocking or obstructing the airway of a
person by any means other than by strangulation.
(13) WARD. A person who is under the substantial care
and physical, legal, or financial control of a guardian.
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and physical, legal, or financial control of a guardian.
Section 2. Sections 13A-6-130, 13A-6-131, 13A-6-132,
13A-6-135, 13A-6-136, 13A-6-137, 13A-6-138, 13A-6-139,
13A-6-139.2, 13A-6-141, 13A-6-142, and 13A-6-143, Code of
Alabama 1975, are amended to read as follows:
"§13A-6-130
(a)(1) A person commits the crime of domestic violence
in the first degree if the person commits the crime of assault
in the first degree pursuant to Section 13A-6-20; aggravated
stalking pursuant to Section 13A-6-91; or burglary in the
first degree pursuant to Section 13A-7-5 and the victim is a
current or former spouse, parent, step-parent, child,
step-child, grandparent, step-grandparent, grandchild,
step-grandchild, any person with whom the defendant has a
child in common, a present household member, or a person who
has or had a dating relationship with the defendant domestic
violence victim .
(2) For the purposes of this section, a household
member excludes non-romantic or non-intimate co-residents, and
a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the
expectation of affectionate or sexual involvement by either
party.
(b) Domestic violence in the first degree is a Class A
felony, except that the defendant shall serve a minimum term
of imprisonment of one year without consideration of
probation, parole, good time credits, or any other reduction
in time for any second or subsequent conviction under this
subsection.
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subsection.
(c) The minimum term of imprisonment imposed under
subsection (b) shall be double without consideration of
probation, parole, good time credits, or any reduction in time
if either of the following occurs:
(1) A defendant willfully violates a protection order
issued by a court of competent jurisdiction and in the process
of violating the order commits domestic violence in the first
degree.
(2) The offense was committed in the presence of a
child under the age of 14 years at the time of the offense,
who is the victim's child or step-child, the defendant's child
or step-child, or who is a child residing in or visiting the
household of the victim or defendant. For purposes of this
subsection, "in the presence of a child" means that the child
was in a position to see or hear the act .
(d) The court shall make a written finding of fact, to
be made part of the record upon conviction or adjudication, of
whether or not the act was committed in the presence of a
child. If a defendant has a trial by jury and the jury finds
the defendant guilty, the jury shall also render a special
verdict as to whether or not the defendant committed the act
in the presence of a child.
(e)(1) A person arrested under this section shall be
subject to a temporary holding period pursuant to the terms of
this subsection.
(2) Any bond, appearance bond, secured appearance bond,
or personal recognizance order shall not be enforced or
executed, and the defendant shall not be released on bail or
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executed, and the defendant shall not be released on bail or
otherwise, until the passage of 24 hours has occurred from the
time of arrest.
(3) Upon the expiration of the temporary holding
period, the requirements of Section 15-10-3 or Section
15-13-190 shall apply, as applicable.
(4) The purpose of this section is to provide the
alleged victim with time to seek safety from the defendant and
to provide the court time to issue a protection from abuse
order, as provided under Section 13A-6-140 et seq., with
particularized conditions of release to protect the safety of
the alleged victim and the community.
(f) If the court grants bond, the conditions of the
bond shall do all of the following:
(1) Enjoin the defendant from committing or threatening
to commit acts of domestic violence against the alleged
victim.
(2) Restrain and enjoin the defendant from contacting
the victim. For purposes of this subdivision, "contacting"
includes, but is not limited to, communicating with the victim
verbally or in any written form, either in person, by
telephone, electronically, or by any other manner, either
directly or indirectly through a third person.
(3) Prohibit the defendant from possessing a firearm or
other weapon specified by the court, except when the weapon is
necessary for employment as a law enforcement officer or
military personnel.
(4) Issue any other order or modification of orders to
protect the safety of the alleged victim or to ensure the
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protect the safety of the alleged victim or to ensure the
appearance of the defendant in court. "
"§13A-6-131
(a)(1) A person commits the crime of domestic violence
in the second degree if the person commits the crime of
assault in the second degree pursuant to Section 13A-6-21; the
crime of intimidating a witness pursuant to Section
13A-10-123; the crime of stalking in the first degree pursuant
to Section 13A-6-90; the crime of burglary in the second or
third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the
crime of criminal mischief in the first degree pursuant to
Section 13A-7-21 and the victim is a current or former spouse,
parent, step-parent, child, step-child, grandparent,
step-grandparent, grandchild, step-grandchild, any person with
whom the defendant has a child in common, a present household
member, or a person who has or had a dating relationship with
the defendant domestic violence victim .
(2) For the purposes of this section, a household
member excludes non-romantic or non-intimate co-residents, and
a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the
expectation of affectionate or sexual involvement by either
party.
(b) Domestic violence in the second degree is a Class B
felony, except the defendant shall serve a minimum term of
imprisonment of six months without consideration of probation,
parole, good time credits, or any reduction in time for any
second or subsequent conviction under this subsection.
(c) The minimum term of imprisonment imposed under
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(c) The minimum term of imprisonment imposed under
subsection (b) shall be double without consideration of
probation, parole, good time credits, or any reduction in time
if either of the following applies:
(1) A defendant willfully violates a protection order
issued by a court of competent jurisdiction and in the process
of violating the order commits domestic violence in the second
degree.
(2) The offense was committed in the presence of a
child under the age of 14 years at the time of the offense,
who is the victim's child or step-child, the defendant's child
or step-child, or who is a child residing in or visiting the
household of the victim or defendant. For purposes of this
subsection, "in the presence of a child" means that the child
was in a position to see or hear the act .
(d) The court shall make a written finding of fact, to
be made part of the record upon conviction or adjudication, of
whether or not the act was committed in the presence of a
child. If a defendant has a trial by jury and the jury finds
the defendant guilty, the jury shall also render a special
verdict as to whether or not the defendant committed the act
in the presence of a child.
(e)(1) A person arrested under this section shall be
subject to a temporary holding period pursuant to the terms of
this subsection.
(2) Any bond, appearance bond, secured appearance bond,
or personal recognizance order shall not be enforced or
executed, and the defendant shall not be released on bail or
otherwise, until the passage of 24 hours has occurred from the
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otherwise, until the passage of 24 hours has occurred from the
time of arrest.
(3) Upon the expiration of the temporary holding
period, the requirements of Section 15-10-3 or Section
15-13-190 shall apply, as applicable.
(4) The purpose of this section is to provide the
alleged victim with time to seek safety from the defendant and
to provide the court time to issue a protection from abuse
order, as provided under Section 13A-6-140 et seq., with
particularized conditions of release to protect the safety of
the alleged victim and the community.
(f) If the court grants bond, the conditions of the
bond shall do all of the following:
(1) Enjoin the defendant from committing or threatening
to commit acts of domestic violence against the alleged
victim.
(2) Restrain and enjoin the defendant from contacting
the victim. For purposes of this subdivision, "contacting"
includes, but is not limited to, communicating with the victim
verbally or in any written form, either in person, by
telephone, electronically, or by any other manner, either
directly or indirectly through a third person.
(3) Prohibit the defendant from possessing a firearm or
other weapon specified by the court, except when the weapon is
necessary for employment as a law enforcement officer or
military personnel.
(4) Issue any other order or modification of orders to
protect the safety of the alleged victim or to ensure the
appearance of the defendant in court. "
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appearance of the defendant in court. "
"§13A-6-132
(a)(1) A person commits domestic violence in the third
degree if the person commits the crime of assault in the third
degree pursuant to Section 13A-6-22; the crime of menacing
pursuant to Section 13A-6-23; the crime of reckless
endangerment pursuant to Section 13A-6-24; the crime of
criminal coercion pursuant to Section 13A-6-25; the crime of
harassment pursuant to subsection (a) of Section 13A-11-8 (a);
the crime of criminal surveillance pursuant to Section
13A-11-32; the crime of harassing communications pursuant to
subsection (b) of Section 13A-11-8 (b); the crime of criminal
trespass in the third degree pursuant to Section 13A-7-4; the
crime of criminal mischief in the second or third degree
pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of
arson in the third degree pursuant to Section 13A-7-43 ; and
the victim is a current or former spouse, parent, step-parent,
child, step-child, grandparent, step-grandparent, grandchild,
step-grandchild, any person with whom the defendant has a
child in common, a present household member, or a person who
has or had a dating relationship with the defendant domestic
violence victim .
(2) For the purpose of this section, a household member
excludes non-romantic or non-intimate co-residents, and a
dating relationship means a current or former relationship of
a romantic or intimate nature characterized by the expectation
of affectionate or sexual involvement by either party.
(b) Domestic violence in the third degree shall be
punished as follows:
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punished as follows:
(1) A first conviction is a Class A misdemeanor. The
minimum term of imprisonment imposed under subsection (a)
shall be 30 days without consideration of reduction in time if
a defendant willfully violates a protection order issued by a
court of competent jurisdiction and in the process of
violating the order commits domestic violence in the third
degree.
(c)(2) A second conviction under subsection (a) is a
Class A misdemeanor, except in addition to any other minimum
term of imprisonment under this section, the defendant shall
serve a minimum term of imprisonment of 10 days in a city or
county jail or detention facility without consideration for
any reduction in time.
(d)(3) A third or subsequent conviction under
subsection (a) is a Class C felony.
(e)(4) If the defendant has a previous conviction for
domestic violence in the first degree pursuant to Section
13A-6-130, domestic violence in the second degree pursuant to
Section 13A-6-131, domestic violence by strangulation or
suffocation pursuant to Section 13A-6-138, or a domestic
violence conviction or other substantially similar conviction
from another state or jurisdiction, a conviction under
subsection (a) is a Class C felony.
(f)(c) For purposes of determining second, third, or
subsequent number of convictions, convictions in municipal
court shall be included.
(d) The minimum term of imprisonment imposed under
subsection (b) shall be 30 days without consideration of
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subsection (b) shall be 30 days without consideration of
reduction in time if either of the following apply:
(1) The defendant willfully violates a protection order
issued by a court of competent jurisdiction and in the process
of violating the order commits domestic violence in the third
degree.
(2) The defendant commits domestic violence in the
third degree in the presence of a child and the underlying
crime is any of the following:
a. Assault in the third degree pursuant to Section
13A-6-22.
b. Menacing pursuant to Section 13A-6-23.
c. Arson in the third degree pursuant to Section
13A-7-43.
(e)(1) The court shall make written findings of fact,
to be made part of the record upon conviction or adjudication,
as to whether the act was committed in the presence of a child
or, if convicted under subdivision (d)(2), stating the
underlying crime.
(2) If a defendant has a trial by jury and the jury
finds the defendant guilty, the jury shall also render a
special verdict as to whether the defendant committed the act
in the presence of a child.
(f)(1) A person arrested under this section shall be
subject to a temporary holding period pursuant to the terms of
this subsection.
(2) Any bond, appearance bond, secured appearance bond,
or personal recognizance order shall not be enforced or
executed, and the defendant shall not be released on bail or
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executed, and the defendant shall not be released on bail or
otherwise, until the passage of 24 hours has occurred from the
time of arrest.
(3) Upon the expiration of the temporary holding
period, the requirements of Section 15-10-3 or Section
15-13-190 shall apply, as applicable.
(4) The purpose of this section is to provide the
alleged victim with time to seek safety from the defendant and
to provide the court time to issue a protection from abuse
order, as provided under Section 13A-6-140 et seq., with
particularized conditions of release to protect the safety of
the alleged victim and the community.
(g) If the court grants bond, the conditions of the
bond shall do all of the following:
(1) Enjoin the defendant from committing or threatening
to commit acts of domestic violence against the alleged
victim.
(2) Restrain and enjoin the defendant from contacting
the victim. For purposes of this subdivision, "contacting"
includes, but is not limited to, communicating with the victim
verbally or in any written form, either in person, by
telephone, electronically, or by any other manner, either
directly or indirectly through a third person.
(3) Prohibit the defendant from possessing a firearm or
other weapon specified by the court, except when the weapon is
necessary for employment as a law enforcement officer or
military personnel.
(4) Issue any other order or modification of orders to
protect the safety of the alleged victim or to ensure the
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protect the safety of the alleged victim or to ensure the
appearance of the defendant in court. "
"§13A-6-133
(a) For the purposes of an arrest without a warrant
pursuant to Section 15-10-3, the crimes of domestic violence
in the first, second, and third degrees ,; violation of a
domestic violence protection order; interference with a
domestic violence emergency call; and domestic violence by
strangulation or suffocation shall be an offense involving
domestic violence.
(b) A warrantless arrest for an offense involving
domestic violence made pursuant to subdivision (8) of
subsection (a) of Section 15-10-3 (a)(8) , shall include a
charge of a crime of domestic violence under this article."
"§13A-6-134
(a) If a law enforcement officer receives complaints of
domestic violence from two or more opposing
persons individuals , or if both parties individuals have
injuries, the officer shall evaluate each complaint separately
to determine who was the predominant aggressor. It is the
purpose and intent of this section to avoid, whenever
possible, the arrest of both individuals.
(b) If the officer determines that one person
individual was the predominant physical aggressor, that
person individual may be arrested .; however, a person However,
an individual who acts in a reasonable manner to protect
himself or herself or another family or household member from
domestic violence may not be arrested for a violation of
Section 13A-6-130, 13A-6-131, 13A-6-132, or 13A-6-138.
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Section 13A-6-130, 13A-6-131, 13A-6-132, or 13A-6-138.
(c) In determining whether a person an individual is the
predominant aggressor, the officer shall consider all of the
following:
(1) Prior complaints of domestic violence.
(2) The relative severity of the injuries inflicted on
each person individual , including whether the injuries are
offensive versus defensive in nature.
(3) The likelihood of future injury to each
person individual .
(4) Whether the person individual had reasonable cause
to believe he or she was in imminent danger of becoming a
victim of any act of domestic violence.
(5) Whether one of the persons individuals acted in
self-defense.
(6) History of violating court orders.
(7) The duration and severity of the alleged incident,
including whether a weapon was used and whether the incident
involved physical harm, sexual assault, or strangulation.
(8) History of abuse during pregnancy, animal abuse, or
forcible entry into a dwelling.
(9) Present or past homicidal or self-harm ideations.
(b)(d) A law enforcement officer shall not threaten,
suggest, or otherwise indicate the possible arrest of all
parties individuals to discourage the request for intervention
by law enforcement by any party an individual or base the
decision to arrest or not to arrest on either of the
following:
(1) The specific consent or request of the victim.
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(1) The specific consent or request of the victim.
(2) The officer's perception of the willingness of a
victim of or witness to the domestic violence to testify or
otherwise participate in a judicial proceeding.
(3) The type or nature of the relationship of the
individuals involved in the incident.
(4) The absence of visible indications of injury or
physical harm or emotional trauma.
(c)(e)(1) In addition to victim information services
required pursuant to Section 15-23-62, a law enforcement
officer, at the time of initial investigation, shall give a
victim of domestic violence notice of the legal rights and
remedies available on a standard form developed and
distributed by the Alabama State Law Enforcement Agency
pursuant to subdivision (2).
(2) The agency shall develop a "Legal Rights and
Remedies Notice to Victims" that includes a general summary of
the provisions of the Protection From Abuse Act using the
following language a layperson may understand and the
statewide domestic violence hotline number, and shall
distribute the notice to all law enforcement agencies
throughout the state .:
"Section I
You, as a victim of a crime, may apply for financial
benefits under the Alabama Crime Victims Compensation
Commission. You may also be eligible for restitution. This
assistance lessens the financial burden on innocent victims of
violent crime who have suffered a financial loss due to
injuries or other qualifying events.
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injuries or other qualifying events.
For more information contact the Alabama Crime Victims
Compensation Commission.
Section II
A Protection from Abuse ("PFA") proceeding under
Section 30-5-1 et seq., Code of Alabama 1975, is available to
certain victims of domestic violence. This is a civil
proceeding, not a criminal proceeding. A victim, on his or her
own, through an attorney, or through a personal
representative, may request an order from a judge which will
assist in providing protection from abuse by providing
specific relief. Relief may include child custody, financial
support from the abuser, housing and transportation
provisions, and an order of no contact from the abuser. Relief
is within the discretion of the judge. By law, there are no
costs or fees for seeking and/or receiving a PFA order. More
information on Protection From Abuse Orders is available at
any Alabama county courthouse.
Section III
As a victim of a crime, you have legal rights under
Alabama's constitution when authorized. Some of those rights
include a right:
To be informed about your case.
To be present and heard when authorized at all crucial
stages of criminal proceedings.
To refuse a request by the defendant or defendant's
attorney for communication or interview.
To remain away from the defendant during court
sessions.
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sessions.
To be notified of an arrest within 60 days. If you have
not been notified, you may call the law enforcement agency for
the status of the case.
The responding officer's name, agency, contact
information, and incident report identification number.
Section IV
The criminal process can be confusing. You are
encouraged to ask questions and discuss any concerns with the
prosecutor assigned to your case. The criminal process in
Alabama generally follows these steps for felonies:
investigation, arrest, first appearance by defendant,
preliminary hearing, grand jury, and plea or trial. If the
case is handled by the municipality, contact the municipal
clerk of court for more information.
During these stages, there are numerous appearances and
hearings. It is very important that you appear in court when
summoned because without your assistance it is difficult to
prosecute the offender. Contact your victim services officer
or prosecutor for all questions. *Only licensed attorneys may
give legal advice.
Section V
As a victim, you may experience any or all of the
following:
Shock, Disbelief, Numbness, Change in appetite, Change
in sleep patterns, Guilt, Shame, Anxiety, Depression,
Intrusive thoughts, Anger, and Fatigue. Seeking or receiving
assistance is encouraged.
Create a safety plan and ensure it is not available to
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Create a safety plan and ensure it is not available to
the abuser.
(1) Develop a code to alert a trusted person to call
law enforcement.
(2) Have a bag packed with a change of clothes,
important papers, spare keys, cell phone, and cash.
(3) In an emergency, dial 9-1-1.
(4) Seek out resources for assistance."
(d)(f) A law enforcement officer is not liable in any
civil action filed by any party for an arrest based on
probable cause, enforcement of a court order, or service of
process arising from an alleged incident of domestic violence,
pursuant to Sections 36-1-12 and 6-5-338, as applicable."
"§13A-6-135
For the purposes of Chapter 5 of Title 30, the crimes
of domestic violence in the first, second, and third degrees ;
violation of a protection order; interference with a domestic
violence emergency call; and domestic violence by suffocation
and strangulation shall be included as acts, attempts, or
threats of abuse as defined pursuant to Section 30-5-2."
"§13A-6-136
For the purposes of Article 6, Chapter 3 of Title 30,
the definition of "domestic or family abuse" includes an
incident of domestic violence in the first, second, or third
degrees ; violation of a protection order; interference with a
domestic violence emergency call; and domestic violence by
suffocation and strangulation pursuant to this article."
"§13A-6-137
(a) A person commits the crime of interference with a
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(a) A person commits the crime of interference with a
domestic violence emergency call if he or she intentionally
hinders, obstructs, disconnects, or in any way prevents the
domestic violence victim from calling for assistance.
(b) Interference with a domestic violence emergency
call is a Class B misdemeanor."
"§13A-6-138
(a) For the purposes of this section, the following
terms have the following meanings:
(1) STRANGULATION. Intentionally causing asphyxia by
closure or compression of the blood vessels or air passages of
the neck as a result of external pressure on the neck.
(2) SUFFOCATION. Intentionally causing asphyxia by
depriving a person of air or by preventing a person from
breathing through the inhalation of toxic gases or by blocking
or obstructing the airway of a person, by any means other than
by strangulation.
(b)(a) A person commits the crime of domestic violence
by strangulation or suffocation if he or she commits an
assault with intent to cause physical harm or commits the
crime of menacing pursuant to Section 13A-6-23, by
strangulation or suffocation or attempted strangulation or
suffocation and the victim is a current or former spouse,
parent, step-parent, child, step-child, grandparent,
step-grandparent, grandchild, step-grandchild, any person with
whom the defendant has a child in common, a present household
member, or a person who has or had a dating relationship with
the defendant. For the purpose of this section, a household
member excludes non-romantic or non-intimate co-residents, and
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member excludes non-romantic or non-intimate co-residents, and
a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the
expectation of affectionate or sexual involvement by either
party domestic violence victim .
(c)(b)(1) Domestic violence by strangulation or
suffocation is a Class B felony punishable as provided by law .
(2) On a second or subsequent offense, the defendant
shall serve a minimum term of imprisonment of six months
without consideration of probation, parole, good time credits,
or any reduction in time.
(c) The minimum term of imprisonment under subsection
(b) shall be doubled without consideration of probation,
parole, good time credits, or any reduction in time if either
of the following applies:
(1) The defendant willfully violates a protection order
issued by a court of competent jurisdiction and in the process
of violating the order commits domestic violence in any
degree.
(2) The offense was committed in the presence of a
child.
(d)(1) The court shall make a written finding of fact,
to be made part of the record upon conviction or adjudication,
of whether the act was committed in the presence of a child.
(2) If a defendant has a trial by jury and the jury
finds the defendant guilty, the jury shall also render a
special verdict as to whether the defendant committed the act
in the presence of a child.
(e)(1) A person arrested under this section shall be
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(e)(1) A person arrested under this section shall be
subject to a temporary holding period pursuant to the terms of
this subsection.
(2) Any bond, appearance bond, secured appearance bond,
or personal recognizance order shall not be enforced or
executed, and the defendant shall not be released on bail or
otherwise, until the passage of 24 hours has occurred from the
time of arrest.
(3) Upon the expiration of the temporary holding
period, the requirements of Section 15-10-3 or Section
15-13-190 shall apply, as applicable.
(4) The purpose of this section is to provide the
alleged victim with time to seek safety from the defendant and
to provide the court time to issue a protection from abuse
order, as provided under Section 13A-6-140 et seq., with
particularized conditions of release to protect the safety of
the alleged victim and the community.
(f) If the court grants bond, the conditions of the
bond shall do all of the following:
(1) Enjoin the defendant from committing or threatening
to commit acts of domestic violence against the alleged
victim.
(2) Restrain and enjoin the defendant from contacting
the victim. For purposes of this subdivision, "contacting"
includes, but is not limited to, communicating with the victim
verbally or in any written form, either in person, by
telephone, electronically, or by any other manner, either
directly or indirectly through a third person.
(3) Prohibit the defendant from possessing a firearm or
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(3) Prohibit the defendant from possessing a firearm or
other weapon specified by the court, except when the weapon is
necessary for employment as a law enforcement officer or
military personnel.
(4) Issue any other order or modification of orders to
protect the safety of the alleged victim or to ensure the
appearance of the defendant in court. "
"§13A-6-139
(a) Notwithstanding any other provision of law, no
court costs shall be assessed against any victim of domestic
violence, stalking, or sexual assault in connection with the
prosecution or warrant recall of a domestic violence,
stalking, or sexual assault offense.
(b) A law enforcement officer, prosecuting attorney,
court official, or any other government official shall not ask
or require an adult, minor, or child victim of an alleged
domestic violence, stalking or sexual offense to submit to a
polygraph examination or other truth-telling device as a
condition of proceeding with the investigation of the offense.
(c) Any request of or refusal by a victim to submit to
a polygraph examination or any other truth-telling device is
inadmissible in any criminal or civil action related to
domestic violence, stalking, or sexual assault of the victim.
(d) The refusal of a victim to submit to a polygraph
examination or other truth-telling device does not prevent the
investigation, charging, or prosecution of the offense. "
"§13A-6-139.2
(a) Each agency in the state that is involved with the
enforcement, monitoring, or prosecution of crimes of domestic
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HB389 INTRODUCED
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enforcement, monitoring, or prosecution of crimes of domestic
violence shall collect and maintain records of each domestic
violence incident , including incidents that do not result in
an arrest, for access by investigators preparing for bond
hearings and prosecutions for acts of domestic violence.
(b) Each agency shall transmit the records to the
Alabama State Law Enforcement Agency for timely input into the
Law Enforcement Tactical System to allow for access to history
of domestic violence for safety reasons and charging
decisions. "
"§13A-6-141
As used in this article, the following terms shall have
the following meanings, respectively, unless the context
clearly indicates otherwise:
(1) DOMESTIC VIOLENCE PROTECTION ORDER. A domestic
violence protection order is any Any protection from abuse
order issued pursuant to the Protection from Abuse Act,
Sections 30-5-1 to 30-5-11, inclusive Chapter 5 of Title 30 .
The term includes all of the following:
a. A restraining order, injunctive order, or order of
release from custody which has been issued in a circuit,
district, municipal, or juvenile court in a domestic relations
or family violence case ;.
b. An order issued by municipal, district, or circuit
court which places conditions on the pre-trial release on
defendants in criminal cases, including provisions of bail
pursuant to Section 15-13-190 ;.
c. An order issued by another state or territory which
may be enforced under Sections 30-5B-1 through 30-5B-10.
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may be enforced under Sections 30-5B-1 through 30-5B-10.
Restraining or protection orders not issued pursuant to the
Protection From Abuse Act, Sections 30-5-1 to 30-5-11,
inclusive, must specify that a history of violence or abuse
exists for the provisions of this chapter to apply.
d. Any other restraining or protection order, including
an order not issued pursuant to the Protection From Abuse Act,
Chapter 5 of Title 30, that specifies that a history of
violence or abuse exists.
(2) VIOLATION. The knowing commission of any act
prohibited by a domestic violence protection order or any
willful failure to abide by its terms."
"§13A-6-142
(a) A person commits the crime of violation of a
domestic violence protection order if the person who is
subject to an order of protection knowingly commits any act
prohibited by a domestic violence protection order or
willfully fails to abide by any term of a domestic violence
protection order.
(b) A violation of a domestic violence protection order
is a Class A misdemeanor which shall be punishable as provided
by law. A second conviction for violation of a domestic
violence protection order, in addition to any other penalty or
fine, shall be punishable by a minimum of 30 days imprisonment
which may not be suspended. A third or subsequent conviction
is a Class C felony.
(c) In addition to any other fine or penalty provided
by law, the court shall order the defendant to pay an
additional fine of fifty dollars ($50) for a violation of a
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additional fine of fifty dollars ($50) for a violation of a
domestic violence protection order to be distributed to the
Domestic Violence Trust Fund, established by Section 30-6-11."
"§13A-6-143
(a) A law enforcement officer may arrest any person who
is subject to a domestic violence protection order for the
violation of this article if the officer has probable cause to
believe that the person has violated any provision of a valid
domestic violence protection order, whether temporary or
permanent.
(b) The presentation of a domestic violence protection
order constitutes probable cause for an officer to believe
that a valid order exists.
(c) For purposes of this article, the domestic violence
protection order may be inscribed on a tangible copy or may be
stored in an electronic or other medium if it is retrievable
in a detectable form.
(d) Presentation of a certified copy or registered
order of the domestic violence protection order is not
required for enforcement or to allow a law enforcement officer
to effect a warrantless arrest.
(e) If a domestic violence protection order is not
presented to or otherwise confirmed by a law enforcement
officer, the officer may consider other information in
determining whether there is probable cause to believe that a
valid domestic violence protection order exists.
(f) The law enforcement officer may arrest the
defendant person without a warrant although he or she the law
enforcement officer did not personally see the violation.
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enforcement officer did not personally see the violation.
(g) Knowledge by the law enforcement officer of the
existence or contents of, or both, or presentation to the
officer by the complainant of, a domestic violence protection
order shall constitute prima facie evidence of the validity of
the order.
(h) If a law enforcement officer of this state
determines that an otherwise valid domestic violence
protection order cannot be enforced because the defendant
person has not been notified or served with the domestic
violence protection order, the law enforcement officer shall
inform the defendant person of the order and allow the person
a reasonable opportunity to comply with the order's provisions
before enforcing the order.
(i) In the event If the law enforcement officer provides
notice of the domestic violence protection order to the
defendant person , the officer shall document this fact and any
attendant circumstances in the a written report."
Section 3. Sections 15-10-3 and 15-13-190, Code of
Alabama 1975, are amended to read as follows:
"§15-10-3
(a) An officer may arrest a person without a warrant,
on any day and at any time in any of the following instances:
(1) If a public offense has been committed or a breach
of the peace threatened in the presence of the officer.
(2) When a felony has been committed, though not in the
presence of the officer, by the person arrested.
(3) When a felony has been committed and the officer
has probable cause to believe that the person arrested
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has probable cause to believe that the person arrested
committed the felony.
(4) When the officer has probable cause to believe that
the person arrested has committed a felony, although it may
afterwards appear that a felony had not in fact been
committed.
(5) When a charge has been made, upon probable cause,
that the person arrested has committed a felony.
(6) When the officer has actual knowledge that a
warrant for the person's arrest for the commission of a felony
or misdemeanor has been issued, provided the warrant was
issued in accordance with this chapter. However, upon request
the officer shall show the warrant to the arrested person as
soon as possible. If the officer does not have the warrant in
his or her possession at the time of arrest the officer shall
inform the defendant of the offense charged and of the fact
that a warrant has been issued.
(7) When the officer has probable cause to believe that
a felony or misdemeanor has been committed by the person
arrested in violation of a protection order, including a
domestic violence protection order or an elder abuse
protection order, issued by a court of competent jurisdiction.
(8) When an offense involves a crime of domestic
violence, including domestic violence in the first degree ,
pursuant to Section 13A-6-130, domestic violence in the second
degree , pursuant to Section 13A-6-131, domestic violence in
the third degree , pursuant to Section 13A-6-132, interference
with a domestic violence emergency call , in violation of
Section 13A-6-137, or domestic violence by strangulation or
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Section 13A-6-137, or domestic violence by strangulation or
suffocation , pursuant to Section 13A-6-138, violation of a
domestic violence protection order pursuant to Section
13A-6-142, or elder abuse as defined in Section 38-9F-3, and
the arrest is based on probable cause.
(b) When a law enforcement officer investigates an
allegation of domestic violence or elder abuse, whether or not
an arrest is made, the officer shall make a written report of
the alleged incident, including a statement of the complaint,
and the disposition of the case.
(c) If the defendant is arrested under this section for
committing an act of domestic violence, including domestic
violence in the first degree , pursuant to Section 13A-6-130,
domestic violence in the second degree , pursuant to Section
13A-6-131, domestic violence in the third degree , pursuant to
Section 13A-6-132, interference with a domestic violence
emergency call , in violation of Section 13A-6-137, or domestic
violence by strangulation or suffocation , pursuant to Section
13A-6-138, in violation of a domestic violence protection
order, or an act of elder abuse in violation of an elder abuse
protection order, the defendant shall be held in custody until
brought before the court within 48 hours for the purpose of
enforcing the protection order and for consideration of bail
in accordance with Section 15-13-190 and the applicable rules
of criminal procedure, pending a hearing. If the defendant is
not brought before the court within 48 hours, the defendant
shall be subject to bail according to the Alabama Rules of
Criminal Procedure.
(d)(1) A person arrested under this section shall be
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(d)(1) A person arrested under this section shall be
subject to a temporary holding period pursuant to the terms of
this subsection.
(2) Any bond, appearance bond, secured appearance bond,
or personal recognizance order shall not be enforced or
executed, and the defendant shall not be released on bail or
otherwise, until the passage of 24 hours has occurred from the
time of arrest.
(3) Upon the expiration of the temporary holding
period, the requirements of Section 15-10-3 or Section
15-13-190 shall apply, as applicable.
(4) The purpose of this section is to provide the
alleged victim with time to seek safety from the defendant and
to provide the court time to issue a protection from abuse
order, as provided under Section 13A-6-140 et seq., with
particularized conditions of release to protect the safety of
the alleged victim and the community.
(e) If the court grants bond, the conditions of the
bond shall do all of the following:
(1) Enjoin the defendant from committing or threatening
to commit acts of domestic violence against the alleged
victim.
(2) Restrain and enjoin the defendant from contacting
the victim. For purposes of this subdivision, "contacting"
includes, but is not limited to, communicating with the victim
verbally or in any written form, either in person, by
telephone, electronically, or by any other manner, either
directly or indirectly through a third person.
(3) Prohibit the defendant from possessing a firearm or
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(3) Prohibit the defendant from possessing a firearm or
other weapon specified by the court, except when the weapon is
necessary for employment as a law enforcement officer or
military personnel.
(4) Issue any other order or modification of orders to
protect the safety of the alleged victim or to ensure the
appearance of the defendant in court. "
"§15-13-190
(a) A person arrested for domestic violence in the
first degree , pursuant to Section 13A-6-130, domestic violence
in the second degree , pursuant to Section 13A-6-131, domestic
violence in the third degree , pursuant to Section 13A-6-132,
interference with a domestic violence emergency call , in
violation of Section 13A-6-137, or domestic violence by
strangulation or suffocation , pursuant to Section 13A-6-138,
or a violation of a domestic violence protection order, may
not be admitted to bail until after an appearance before a
judge or magistrate within 24 hours of the arrest, and if the
person is not taken before a judge or magistrate within 24
hours of the arrest, he or she shall be afforded an
opportunity to make bail in accordance with the Alabama Rules
of Criminal Procedure.
(b) The judge or magistrate may shall impose conditions
of release or bail on the person to protect the alleged victim
of domestic violence or the person protected by a protection
order, and to ensure the appearance of the person at a
subsequent court proceeding. The conditions may include, but
need not be limited to, the following:
(1) Enjoining the person from threatening to commit or
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(1) Enjoining the person from threatening to commit or
committing acts of domestic violence against the alleged
victim.
(2) a. Restraining and enjoining the defendant from
contacting the victim.
b. For the purposes of this subsection, "contacting "
includes, but is not limited to, communicating with the victim
verbally or in any written form, either in person,
telephonically by telephone , electronically, or in any other
manner, either directly or indirectly through a third person.
(3) Prohibiting the person from possessing a firearm or
other weapon specified by the court, except when such weapon
is necessary for employment as a peacelaw enforcement officer
or military personnel.
(4) Issuing any other order or modification of orders
required in this section to protect the safety of the alleged
victim or to ensure the appearance of the person in court.
(c) If conditions of release are imposed, the judge or
magistrate shall issue a written order for conditional
release, immediately distribute a copy of the order to the law
enforcement agency having custody of the arrested or charged
person, place information pertaining to the order in the
domestic violence protection order registry and Law
Enforcement Tactical System , and provide the law enforcement
agency with any available information concerning the location
of the alleged victim in a manner that protects the safety of
the victim. Law A law enforcement officer shall provide a copy
of the written order to the victim within 24 hours of receipt,
provided that the victim provides the investigating law
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provided that the victim provides the investigating law
enforcement agency with current and accurate contact
information.
(d) In cases in which the defendant has been placed on
conditional release or bail pursuant to this section or is in
violation of probation from another case and is arrested on a
probation violation warrant, a violation of written condition
of release pursuant to this section, or a violation of a prior
protection order, the court shall consider revocation of
probation, conditional release, or bail. Should the court
order continue continued probation, conditional release, or
bail, the court shall order additional conditions imposed on
the defendant to provide protection to the victim of domestic
violence or the person protected by a protection order.
Additional conditions shall be included in a written order.
(e) A person who willfully violates a condition of
pretrial release provided in this section, when the original
arrest was for an act of domestic violence, shall be subject
to the penalties provided in Section 13A-6-142 , and shall
receive an enhanced penalty and additional sentence of
imprisonment in accordance with Section 13A-6-142.
(f)(1) A person arrested under this section shall be
subject to a temporary holding period pursuant to the terms of
this subsection.
(2) Any bond, appearance bond, secured appearance bond,
or personal recognizance order shall not be enforced or
executed, and the defendant shall not be released on bail or
otherwise, until the passage of 24 hours has occurred from the
time of arrest.
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HB389 INTRODUCED
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time of arrest.
(3) Upon the expiration of the temporary holding
period, the requirements of Section 15-10-3 or this section
shall apply, as applicable.
(4) The purpose of this section is to provide the
alleged victim with time to seek safety from the defendant and
to provide the court time to issue a protection from abuse
order, as provided under Section 13A-6-140 et seq., with
particularized conditions of release to protect the safety of
the alleged victim and the community.
(g) If the court grants bond, the conditions of the
bond shall do all of the following:
(1) Enjoin the defendant from committing or threatening
to commit acts of domestic violence against the alleged
victim.
(2) Restrain and enjoin the defendant from contacting
the victim. For purposes of this subdivision, "contacting"
includes, but is not limited to, communicating with the victim
verbally or in any written form, either in person, by
telephone, electronically, or by any other manner, either
directly or indirectly through a third person.
(3) Prohibit the defendant from possessing a firearm or
other weapon specified by the court, except when the weapon is
necessary for employment as a law enforcement officer or
military personnel.
(4) Issue any other order or modification of orders to
protect the safety of the alleged victim or to ensure the
appearance of the defendant in court. "
Section 4. Section 12-25-32, Code of Alabama 1975, is
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Section 4. Section 12-25-32, Code of Alabama 1975, is
amended to read as follows:
"§12-25-32
For the purposes of this article, the following terms
have the following meanings:
(1) COMMISSION. The Alabama Sentencing Commission,
established as a state agency under the Supreme Court of
Alabama by this chapter.
(2) CONTINUUM OF PUNISHMENTS. An array of punishment
options, from probation to incarceration, graduated in
restrictiveness according to the degree of supervision of the
offender , including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an
intermediate punishment or unsupervised probation, that
requires an offender to serve a sentence of imprisonment. The
term includes time served in a work release program operated
as a custody option by the Alabama Department of Corrections
or in the Supervised Intensive Restitution program of the
Department of Corrections pursuant to Article 7 , commencing
with Section 15-18-110, of Chapter 18 of Title 15.
b. Intermediate Punishment. A sentence that may include
assignment to any community based punishment program or may
include probation with conditions or probation in conjunction
with a period of confinement. Intermediate punishments
include, but are not limited to, all of the following options:
1. A split sentence pursuant to Section 15-18-8.
2. Assignment to a community punishment and corrections
program pursuant to the Alabama Community Punishment and
Corrections Act or local acts.
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HB389 INTRODUCED
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Corrections Act or local acts.
3. Assignment to a community based manual labor work
program pursuant to Sections 14-5-30 to 14-5-37,
inclusive Article 2 of Chapter 5 of Title 14 .
4. Intensive probation supervision pursuant to Section
15-22-56.
5. Cognitive and behavioral training.
6. Community service work.
7. County probation.
8. Day fines or means-based fines.
9. Day reporting.
10. Drug or alcohol testing.
11. Drug court programs.
12. Educational programs.
13. Electronic monitoring.
14. Home confinement or house arrest.
15. Ignition interlock.
16. Intermittent confinement.
17. Jail and prison diversion programs.
18. Job readiness and work.
19. Literacy and basic learning.
20. Pretrial diversion programs.
21. Residential drug treatment.
22. Residential community based punishment programs in
which the offender is required to spend at least eight hours
per day, or overnight, within a facility and is required to
participate in activities such as counseling, treatment,
social skills training, or employment training, conducted at
the residential facility or at another specified location.
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HB389 INTRODUCED
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the residential facility or at another specified location.
23. Restorative justice as established in Section
12-17-226.6.
(i) Victim impact panels.
(ii) Voluntary victim offender conferencing.
(iii) Voluntary victim offender mediation.
24. Self-help groups.
25. Sobrietor or breath alcohol remote monitoring.
26. Substance abuse education and treatment.
27. Treatment alternatives to street crime (TASC).
28. Voice recognition, curfew restriction, or
employment monitoring.
29. Work release, other than those work release
programs operated by the Alabama Department of Corrections, as
a custody option.
c. Unsupervised Probation. A sentence in a criminal
case that includes a period of probation but does not include
supervision, active incarceration, or an intermediate
punishment.
d. Post-release Supervision. A mandatory period of
supervision following sentences of active incarceration as
defined in paragraph a. that may include one or more
intermediate punishment options.
(3) COURT. Unless otherwise stated, a district or
circuit court exercising jurisdiction to sentence felony
offenders.
(4) EVIDENCE-BASED PRACTICES. Policies, procedures,
programs, and practices proven by widely accepted and
published research to reliably produce reductions in
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HB389 INTRODUCED
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published research to reliably produce reductions in
recidivism.
(5) FELONY OFFENSE. A noncapital felony offense.
(6) INITIAL VOLUNTARY STANDARDS. The voluntary
sentencing standards effective on October 1, 2006. These
standards were based on statewide historic sentences imposed
with normative adjustments designed to reflect current
sentencing policies.
(7) NONVIOLENT OFFENSE. All offenses which are not
violent offenses.
(8) NONVIOLENT OFFENDER. Any offender who does not
qualify as a violent offender pursuant to subdivision (14).
(9) OFFENDER. A person convicted of a noncapital felony
offense.
(10) RELEASE AUTHORITY. Any public official, agency, or
other entity authorized by law to release a sentenced offender
from incarceration or other conditions of a sentence.
(11) VALIDATED RISK AND NEEDS ASSESSMENT. An actuarial
tool that has been validated and established by administrative
rule in Alabama to determine the likelihood of an offender
engaging in future criminal behavior. The Board of Pardons and
Paroles and the Department of Corrections shall adopt
compatible tools to conduct a validated risk and needs
assessment upon offenders within the jurisdiction of the
state. A validated risk and needs assessment shall include,
but not be limited to, an offender's prior criminal history,
the nature and severity of the present offense, and potential
for future violence.
(12) TRUTH-IN-SENTENCING STANDARDS. Truth in sentencing
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(12) TRUTH-IN-SENTENCING STANDARDS. Truth in sentencing
is scheduled to become effective October 1, 2020.
(13) UNDER SUPERVISION. All offenders under Under the
supervision of any criminal justice agency or program
including, but not limited to, any of the following entities:
a. The Alabama Department of Corrections.
b. State or county probation offices.
c. Community corrections programs pursuant to Alabama
Community Corrections Act.
d. Jails.
e. State or local law enforcement agencies.
f. Any court.
(14) VIOLENT OFFENDER. A violent offender is an An
offender who has been convicted of a violent offense, or who
is determined by the trial court judge or a release authority
to have demonstrated a propensity for violence, aggression, or
weapons related behavior based on the criminal history or
behavior of the offender while under supervision of any
criminal justice system agency or entity.
(15) VIOLENT OFFENSE.
a. For the purposes of this article, a violent offense
includes each of the following offenses, or any substantially
similar offense to those listed in this subdivision created
after June 20, 2003:
1. Capital murder pursuant to Sections 13A-6-2 and
13A-5-40.
2. Murder pursuant to Section 13A-6-2.
3. Manslaughter pursuant to Section 13A-6-3.
4. Criminally negligent homicide pursuant to Section
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HB389 INTRODUCED
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4. Criminally negligent homicide pursuant to Section
13A-6-4.
5. Assault I pursuant to Section 13A-6-20.
6. Assault II pursuant to Section 13A-6-21.
7. Compelling street gang membership pursuant to
Section 13A-6-26.
8. Kidnapping I pursuant to Section 13A-6-43.
9. Kidnapping II pursuant to Section 13A-6-44.
10. Rape I pursuant to Section 13A-6-61.
11. Rape II pursuant to Section 13A-6-62.
12. Sodomy I pursuant to Section 13A-6-63.
13. Sodomy II pursuant to Section 13A-6-64.
14. Sexual torture pursuant to Section 13A-6-65.l.
15. Sexual abuse I pursuant to Section 13A-6-66.
16. Enticing a child to enter a vehicle for immoral
purposes pursuant to Section 13A-6-69.
17. Stalking pursuant to Section 13A-6-90.
18. Aggravated stalking pursuant to Section 13A-6-91.
19. Soliciting a child by computer pursuant to Section
13A-6-110.
20. Domestic violence I pursuant to Section 13A-6-130.
21. Domestic violence II pursuant to Section 13A-6-131.
22. Burglary I pursuant to Section 13A-7-5.
23. Burglary II pursuant to Section 13A-7-6.
24. Burglary III pursuant to subdivision (1) or
subdivision (2) of subsection (a) of Section 13A-7-7.
25. Arson I pursuant to Section 13A-7-41.
26. Criminal possession of explosives pursuant to
Section 13A-7-44.
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Section 13A-7-44.
27. Extortion I pursuant to Section 13A-8-14.
28. Robbery I pursuant to Section 13A-8-41.
29. Robbery II pursuant to Section 13A-8-42.
30. Robbery III pursuant to Section 13A-8-43.
31. Pharmacy robbery pursuant to Section 13A-8-51.
32. Terrorist threats pursuant to Section 13A-10-15.
33. Escape I pursuant to Section 13A-10-31.
34. Promoting prison contraband I pursuant to Section
13A-10-36, involving a deadly weapon or dangerous instrument.
35. Intimidating a witness pursuant to Section
13A-10-123.
36. Intimidating a juror pursuant to Section
13A-10-127.
37. Treason pursuant to Section 13A-11-2.
38. Discharging a weapon into an occupied building,
dwelling, automobile, etc., pursuant to Section 13A-11-61.
39. Promoting prostitution I pursuant to Section
13A-12-111.
40. Production of obscene matter involving a minor
pursuant to Section 13A-12-197.
41. Trafficking pursuant to Section 13A-12-231.
42. Child abuse pursuant to Section 26-15-3.
43. Elder abuse pursuant to Section 38-9-7.
44. Terrorism pursuant to Section 13A-10-152.
45. Hindering prosecution for terrorism pursuant to
Section 13A-10-154.
46. Domestic violence III pursuant to subsection (d) of
Section 13A-6-132 (b)(3) or (4) .
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Section 13A-6-132 (b)(3) or (4) .
47. Domestic violence by strangulation or suffocation
pursuant to Section 13A-6-138.
48. Human trafficking I pursuant to Section 13A-6-152.
49. Human trafficking II pursuant to Section 13A-6-153.
50. Hindering prosecution in the first degree pursuant
to Section 13A-10-43.
51. Any substantially similar offense for which an
Alabama offender has been convicted under prior Alabama law or
the law of any other state, the District of Columbia, the
United States, or any of the territories of the United States.
b. The basis for defining these offenses as violent is
that each offense meets at least one of the following
criteria:
1. Has as an element, the use, attempted use, or
threatened use of a deadly weapon or dangerous instrument or
physical force against the person of another.
2. Involves a substantial risk of physical injury
against the person of another.
3. Is a nonconsensual sex offense.
4. Is particularly reprehensible.
c. Any attempt, conspiracy, or solicitation to commit a
violent offense shall be considered a violent offense for the
purposes of this article.
d. Any criminal offense which meets the criteria
provided in paragraph b. enacted after 2003."
Section 5. Section 13A-11-72, as last amended by Act
2025-273, 2025 Regular Session, Code of Alabama 1975, is
amended to read as follows:
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amended to read as follows:
"§13A-11-72
(a)(1) A person may not own a firearm or have a firearm
in his or her possession or under his or her control if any of
the following apply:
a. The person has been convicted in this state or
elsewhere of any kind of felony offense within the previous
five years.
b. The person has been convicted in this state or
elsewhere of three or more felony offenses of any kind at any
time;, provided the felony offense convictions used to support
a charge under this paragraph each arose from a different
indictment or complaint or otherwise arose on a different date
of charge.
c. The person has been convicted in this state or
elsewhere of committing or attempting to commit a crime of
violence as defined in Section 13A-11-70 ,; misdemeanor offense
of domestic violence as defined in subsection (h) ,; or a
violent offense as defined in Section 12-25-32.
d. The person is subject to a valid protection order
for domestic abuse.
e. The person is of unsound mind.
(2) A violation of this subsection is a Class C felony.
(3) It shall be an affirmative defense to a prosecution
under this subsection that the defendant has received a pardon
pursuant to Section 15-22-36 which expressly restores the
defendant's right to possess a firearm as to each conviction
supporting the prosecution.
(b)(1) No person who is a minor, except under the
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(b)(1) No person who is a minor, except under the
circumstances provided in this section, an habitual drunkard,
or who has a drug addiction shall own a pistol or have one in
his or her possession or under his or her control.
(2) A violation of this subsection is a Class A
misdemeanor.
(c)(1) No person who is an alien and is illegally or
unlawfully in the United States or has been admitted to the
United States under a nonimmigrant visa as defined in 8 U.S.C.
§ 1101(a)(26), provided no exception to this subsection as
listed in 18 U.S.C. § 922(y)(2) applies, shall own a pistol or
other firearm or have one in his or her possession or under
his or her control.
(2) A violation of this subsection is a Class C felony.
(d)(1) Subject to the exceptions provided by Section
13A-11-74, no person shall knowingly with intent to do bodily
harm carry or possess a deadly weapon on the premises of a
school.
(2) A violation of this subsection is a Class C felony.
(e) School security personnel and school resource
officers qualified under Section 16-1-44.1(a), employed by a
local board of education, and authorized by the employing
local board of education to carry a deadly weapon while on
duty are exempt from subsection (d). Law enforcement officers
are exempt from this section, and persons with permits issued
pursuant to Section 13A-11-75 , are exempt from subsection (d).
(f) A person shall not be in violation of Section
13A-11-57 or 13A-11-76 and a minor shall not be in violation
of this section if the minor has permission to possess a
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of this section if the minor has permission to possess a
pistol from a parent or legal guardian who is not prohibited
from possessing a firearm under state or federal law, and any
of the following are satisfied:
(1) The minor is attending a hunter education course or
a firearms safety course under the supervision of an adult who
is not prohibited from possessing a firearm under state or
federal law.
(2) The minor is engaging in practice in the use of a
firearm or target shooting at an established range under the
supervision of an adult who is not prohibited from possessing
a firearm under state or federal law.
(3) The minor is engaging in an organized competition
involving the use of a firearm or participating in or
practicing for a performance by an organized group under 26
U.S.C. § 501(c)(3) which uses firearms as part of the
performance.
(4) The minor is hunting or fishing pursuant to a valid
license, if required, and the person has the license in his or
her possession; has written permission of the owner or legal
possessor of the land on which the activities are being
conducted; and the pistol, when loaded, is carried only in a
manner discernible by ordinary observation.
(5) The minor is on real property under the control of
the minor's parent, legal guardian, or grandparent.
(6) The minor is a member of the armed services or
National Guard and the minor is acting in the line of duty.
(7) The minor is traveling by motor vehicle to any of
the locations or activities listed in subdivisions (1) through
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the locations or activities listed in subdivisions (1) through
(6), has written permission to possess the pistol or firearm
by his or her parent or legal guardian, and the pistol or
firearm is unloaded, locked in a compartment or container that
is in or affixed securely to the motor vehicle, and is out of
reach of the driver and any passenger in the motor vehicle.
(g) This section does not apply to a minor who uses a
pistol or other firearm while acting in self-defense of
himself, herself, or other persons against an intruder into
the residence of the minor or a residence in which the minor
is an invited guest.
(h) For the purposes of this section, the following
terms have the following meanings:
(1) CONVICTED. a. Means a person was represented by
counsel in the case, or knowingly and intelligently waived the
right to counsel in the case if required by law, and either
the case was tried before a judge, tried by a jury, or the
person knowingly and intelligently waived the right to have
the case tried, by guilty plea or otherwise.
b. A person is not considered to have been convicted
for the purposes of this section if the person is not
considered to have been convicted in the jurisdiction in which
the proceedings were held or the conviction has been expunged,
set aside, or is of an offense for which the person has been
pardoned or has had his or her civil rights restored, unless
the pardon, expungement, or restoration of civil rights
expressly provides that the person may not ship, transport,
possess, or receive firearms.
(2) DEADLY WEAPON. A firearm or anything manifestly
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(2) DEADLY WEAPON. A firearm or anything manifestly
designed, made, or adapted for the purposes of inflicting
death or serious physical injury, and the term includes, but
is not limited to, a bazooka, hand grenade, missile, or
explosive or incendiary device; a pistol, rifle, or shotgun;
or a switch-blade knife, gravity knife, stiletto, sword, or
dagger; or any club, baton, billy, black-jack, bludgeon, or
metal knuckles.
(3) MISDEMEANOR OFFENSE OF DOMESTIC VIOLENCE. A
misdemeanor offense that has, as its elements, the use or
attempted use of physical force or the threatened use of a
dangerous instrument or deadly weapon, and the victim is a
current or former spouse, parent, step-parent, child,
step-child, grandparent, step-grandparent, grandchild,
step-grandchild, any person with whom the defendant has a
child in common, a present or former household member, or a
person who has or had a dating relationship with the defendant
domestic violence victim, as defined under Section 1 of the
act amending this section .
(4) QUALIFIED INDIVIDUAL. A victim as defined in
Section 30-5-2 or an individual who cohabitates or has
cohabited with the person.
(5) SCHOOL. A school composed of grades K-12 and shall
include a school bus used for grades K-12.
(6) SCHOOL RESOURCE OFFICER. An A law enforcement
officer certified by the Alabama Peace Officers' Standards and
Training Commission and Commissioner-certified law
enforcement officer employed by a law enforcement agency who
is specifically selected and specially trained for the school
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is specifically selected and specially trained for the school
setting.
(7) UNSOUND MIND. Includes any person who is subject to
any of the findings listed below, and who has not had his or
her rights to possess a firearm reinstated by operation of law
or legal process:
a. Found by a court, board, commission, or other lawful
authority that, as a result of marked subnormal intelligence,
mental illness, incompetency, condition, or disease, is a
danger to himself, herself, or others or lacks the mental
capacity to contract or manage his or her own affairs.
b. Found to be insane, not guilty by reason of mental
disease or defect, found mentally incompetent to stand trial,
or found not guilty by a reason of lack of mental
responsibility by a court in a criminal case, to include
state, federal, and military courts.
c. Involuntarily committed for a final commitment for
inpatient treatment to the Department of Mental Health or a
Veterans' Administration hospital by a court after a hearing.
(8) VALID PROTECTION ORDER. An order issued after a
hearing of which the person received actual notice, and at
which the person had an opportunity to participate, that does
either of the following:
a. Restrains the person from harassing, stalking, or
threatening a qualified individual or child of the qualified
individual or person or engaging in other conduct that would
place a qualified individual in reasonable fear of bodily
injury to the individual or child and that includes a finding
that the person represents a credible threat to the physical
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that the person represents a credible threat to the physical
safety of the qualified individual or child.
b. By its terms, explicitly prohibits the use,
attempted use, or threatened use of physical force against the
qualified individual or child that would reasonably be
expected to cause bodily injury."
Section 6. Section 30-5-2, Code of Alabama 1975, is
amended to read as follows:
"§30-5-2
In this chapter, the following words shall have the
following meanings unless the context clearly indicates
otherwise:
(1) ABUSE. An act committed against a victim, which is
any of the following:
a. Arson. Arson as defined under Sections 13A-7-40
tothrough 13A-7-43 , inclusive .
b. Assault. Assault as defined under Sections 13A-6-20
tothrough 13A-6-22 , inclusive .
c. Attempt. Attempt as defined under Section 13A-4-2.
d. Child Abuse. Torture or willful abuse of a child,
aggravated child abuse, or chemical endangerment of a child as
provided in Chapter 15 , commencing with Section 26-15-1, of
Title 26, known as the Alabama Child Abuse Act.
e. Criminal Coercion. Criminal coercion as defined
under Section 13A-6-25.
f. Criminal Trespass. Criminal trespass as defined
under Sections 13A-7-2 tothrough 13A-7-4.1 , inclusive .
g. Harassment. Harassment as defined under Section
13A-11-8.
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13A-11-8.
h. Kidnapping. Kidnapping as defined under Sections
13A-6-43 and 13A-6-44.
i. Menacing. Menacing as defined under Section
13A-6-23.
j. Other Conduct. Any other conduct directed toward a
plaintiff covered by this chapter that could be punished as a
criminal act under the laws of this state.
k. Reckless Endangerment. Reckless endangerment as
defined under Section 13A-6-24.
l. Sexual Abuse. Any sexual offenses included in
Article 4 , commencing with Section 13A-6-60, of Chapter 6 of
Title 13A.
m. Stalking. Stalking as defined under Sections
13A-6-90 tothrough 13A-6-94 , inclusive .
n. Theft. Theft as defined under Sections 13A-8-1
tothrough 13A-8-5 , inclusive .
o. Unlawful Imprisonment. Unlawful imprisonment as
defined under Sections 13A-6-41 and 13A-6-42.
(2) CHILD. The term as defined under Section 26-14-1.
(3) CHILD IN COMMON. A child born or unborn of the
parties who share: (i) physical or legal custody; or (ii)
parentage, regardless of any past or present relationship.
(2)(4) COURT. A circuit court judge, a district court
judge appointed as a special circuit court judge pursuant to
law or a district court judge designated by a written standing
order from the presiding circuit court judge to handle
protection from abuse cases.
(3)(5) DATING RELATIONSHIP. A relationship or former
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(3)(5) DATING RELATIONSHIP. A relationship or former
relationship of a romantic or intimate nature characterized by
the expectation of affectionate or sexual involvement by
either party.
a. A dating relationship includes the period of
engagement to be married.
b. A dating relationship does not include a casual or
business relationship or a relationship that ended more than
12 months prior to the filing of the petition for a protection
order.
(6) DOMESTIC VIOLENCE VICTIM or VICTIM. As defined in
Section 1 of the act amending this section.
(7) GUARDIAN. The term as defined in Section 1 of the
act amending this section.
(8) HOUSEHOLD MEMBER. The term as defined in Section 1
of the act amending this section.
(4)(9) PLAINTIFF. An individual who has standing to
file a petition under Section 30-5-5.
(5)(10) PROTECTION ORDER. Any order of protection from
abuse issued under this chapter for the purpose of preventing
acts of abuse as defined in this chapter.
(6)(11) THREAT. Any word or action, expressed or
implied, made to cause the plaintiff to fear for his or her
safety or for the safety of another person.
(12) WARD. A person who is under the substantial care
and physical, legal, or financial control of a guardian.
(7) VICTIM. An individual who is related in any of the
following ways to the person who commits an act of abuse:
a. Has a current or former marriage, including common
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a. Has a current or former marriage, including common
law marriage, with the defendant.
b. Has a child in common with the defendant regardless
of whether the victim and defendant have ever been married and
regardless of whether they are currently residing or have in
the past resided together in the same household.
c. Has or had a dating relationship with the defendant.
A dating relationship does not include a casual or business
relationship or a relationship that ended more than 12 months
prior to the filing of the petition for a protection order.
d. Is a current or former household member. For
purposes of this chapter, a "household member" excludes
non-romantic or non-intimate co-residents.
e. A relative of a current or former household member
as defined in paragraph d. who also lived with the defendant.
f. An individual who is a parent, stepparent, child, or
stepchild.
g. An individual who is a grandparent,
step-grandparent, grandchild, or step-grandchild. "
Section 7. Sections 13A-6-92, 13A-6-95, and 13A-6-96,
Code of Alabama 1975, are amended to read as follows:
"§13A-6-92
As used in this article, the following terms have the
following meanings:
(1) COURSE OF CONDUCT. A pattern of conduct composed of
a series of acts over a period of time which evidences a
continuity of purpose.
(2) CREDIBLE THREAT. A threat, expressed or implied,
made with the intent and the apparent ability to carry out the
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made with the intent and the apparent ability to carry out the
threat so as to cause the person who is the target of the
threat to fear for his or her safety or the safety of a family
member and to cause reasonable mental anxiety, anguish, or
fear.
(3) ELECTRONIC TRACKING DEVICE. An electronic or
mechanical device that permits the tracking of the movement of
a person or object or the monitoring information of a person
or object .
(4) HARASSES. Engages in an intentional course of
conduct directed at a specified person which alarms or annoys
that person, or interferes with the freedom of movement of
that person, and which serves no legitimate purpose. The
course of conduct must be such as would cause a reasonable
person to suffer substantial emotional distress, and must
actually cause substantial emotional distress.
Constitutionally protected conduct is not included within the
definition of this term.
(5) OWNER. An individual, other than the defendant, who
has possession of or any other interest in the property
involved and without whose consent the defendant has no
authority to exert control over the property."
"§13A-6-95
(a) A person who, without the consent of the owner or
except as otherwise authorized by law, places , whether
directly, indirectly, or through a third party by any action,
method, device, or means, any electronic tracking device on
the property of another person with the intent to surveil,
stalk, or harass, annoy, or alarm another person without a
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stalk, or harass, annoy, or alarm another person without a
legitimate purpose or for any other unlawful purpose, is
guilty of the crime of electronic stalking in the first
degree.
(b)(1) Except as otherwise provided in subdivision (2),
a violation of this section is a Class C felony.
(2) A person who violates this section and whose
conduct violates an existing domestic violence protection
order, elder abuse protection order, temporary restraining
order, or any other court order, shall be guilty of a Class B
felony.
(c) In any criminal proceeding brought pursuant to this
section, the crime shall be considered to have been committed
in all of the following:
(1) The county in which any part of the crime took
place.
(2) The county where the electronic tracking device was
discovered.
(3) The county of residence of the owner of the
property.
(d) The statute of limitations shall begin at the time
of the discovery of the electronic tracking device.
"§13A-6-96
(a) A person who, without the consent of the owner or
except as otherwise authorized by law, places , whether
directly, indirectly, or through a third party by any action,
method, device, or means, any electronic tracking device on
the property of another person is guilty of the crime of
electronic stalking in the second degree.
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electronic stalking in the second degree.
(b) A violation of this section is a Class A
misdemeanor.
(c) In any criminal proceeding brought pursuant to this
section, the crime shall be considered to have been committed
in all of the following:
(1) The county in which any part of the crime took
place.
(2) The county where the electronic tracking device was
discovered.
(3) The county of residence of the owner of the
property.
(d) The statute of limitations shall begin at the time
of the discovery of the electronic tracking device.
Section 8. This act shall become effective on October
1, 2026.
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