HB76INTRODUCED
Page 0
L6QOYW-1
By Representative Simpson
RFD: Judiciary
First Read: 07-Mar-23
1
2
3
4
5 L6QOYW-1 02/27/2023 CNB (L)bm 2023-542
Page 1
SYNOPSIS:
Under existing law, a person commits the crime
of domestic violence if the victim is a current or
former spouse, parent, step-parent, child, step-child,
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.
This bill would provide that a grandparent may
be a victim of domestic violence.
Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB76 INTRODUCEDHB76 INTRODUCED
Page 2
contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Sections
13A-6-130, 13A-6-131, and 13A-6-132, Code of Alabama 1975, to
include additional family members that may be a victim of
domestic violence; and in connection therewith would have as
its purpose or effect the requirement of a new or increased
expenditure of local funds within the meaning of Section
111.05 of the Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-6-130, 13A-6-131, and
13A-6-132, 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, 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.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 HB76 INTRODUCEDHB76 INTRODUCED
Page 3
(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.
(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
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 HB76 INTRODUCEDHB76 INTRODUCED
Page 4
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."
"§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 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, 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.
(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
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 HB76 INTRODUCEDHB76 INTRODUCED
Page 5
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
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."
"§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
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 HB76 INTRODUCEDHB76 INTRODUCED
Page 6
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; 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; 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, 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.
(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 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.
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 HB76 INTRODUCEDHB76 INTRODUCED
Page 7
(c) A second conviction under subsection (a) is a Class
A misdemeanor, except 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) A third or subsequent conviction under subsection
(a) is a Class C felony.
(e) 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) For purposes of determining second, third, or
subsequent number of convictions, convictions in municipal
court shall be included."
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195