Alabama 2023 Regular Session

Alabama House Bill HB76 Compare Versions

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1-HB76ENROLLED
1+HB76INTRODUCED
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44 By Representative Simpson
55 RFD: Judiciary
66 First Read: 07-Mar-23
7-2023 Regular Session
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14-Enrolled, An Act,
15-Relating to crimes and offenses; to amend Sections
16-13A-6-130, 13A-6-131, 13A-6-132, 13A-6-138, and 30-5-2, Code
17-of Alabama 1975, to include additional family members that may
18-be a victim of domestic violence; and in connection therewith
19-would have as its purpose or effect the requirement of a new
20-or increased expenditure of local funds within the meaning of
21-Section 111.05 of the Constitution of Alabama of 2022.
22-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23-Section 1. Sections 13A-6-130, 13A-6-131, and
24-13A-6-132, 13A-6-138, and 30-5-2, Code of Alabama 1975, are
25-amended to read as follows:
26-"§13A-6-130
27-(a)(1) A person commits the crime of domestic violence
28-in the first degree if the person commits the crime of assault
29-in the first degree pursuant to Section 13A-6-20; aggravated
30-stalking pursuant to Section 13A-6-91; or burglary in the
31-first degree pursuant to Section 13A-7-5 and the victim is a
32-current or former spouse, parent, step-parent, child,
33-step-child, grandparent, step-grandparent, grandchild,
34-step-grandchild, any person with whom the defendant has a
35-child in common, a present household member, or a person who
36-has or had a dating relationship with the defendant.
37-(2) For the purposes of this section, a household
38-member excludes non-romantic or non-intimate co-residents, and
13+SYNOPSIS:
14+Under existing law, a person commits the crime
15+of domestic violence if the victim is a current or
16+former spouse, parent, step-parent, child, step-child,
17+any person with whom the defendant has a child in
18+common, a present household member, or a person who has
19+or had a dating relationship with the defendant.
20+This bill would provide that a grandparent may
21+be a victim of domestic violence.
22+Section 111.05 of the Constitution of Alabama of
23+2022, prohibits a general law whose purpose or effect
24+would be to require a new or increased expenditure of
25+local funds from becoming effective with regard to a
26+local governmental entity without enactment by a 2/3
27+vote unless: it comes within one of a number of
28+specified exceptions; it is approved by the affected
29+entity; or the Legislature appropriates funds, or
30+provides a local source of revenue, to the entity for
31+the purpose.
32+The purpose or effect of this bill would be to
33+require a new or increased expenditure of local funds
34+within the meaning of the amendment. However, the bill
35+does not require approval of a local governmental
36+entity or enactment by a 2/3 vote to become effective
37+because it comes within one of the specified exceptions
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68-a dating relationship means a current or former relationship
69-of a romantic or intimate nature characterized by the
70-expectation of affectionate or sexual involvement by either
71-party.
72-(b) Domestic violence in the first degree is a Class A
73-felony, except that the defendant shall serve a minimum term
74-of imprisonment of one year without consideration of
75-probation, parole, good time credits, or any other reduction
76-in time for any second or subsequent conviction under this
77-subsection.
78-(c) The minimum term of imprisonment imposed under
79-subsection (b) shall be double without consideration of
80-probation, parole, good time credits, or any reduction in time
81-if either of the following occurs:
82-(1) A defendant willfully violates a protection order
83-issued by a court of competent jurisdiction and in the process
84-of violating the order commits domestic violence in the first
85-degree.
86-(2) The offense was committed in the presence of a
87-child under the age of 14 years at the time of the offense,
88-who is the victim's child or step-child, the defendant's child
89-or step-child, or who is a child residing in or visiting the
90-household of the victim or defendant. For purposes of this
91-subsection, "in the presence of a child" means that the child
92-was in a position to see or hear the act.
93-(d) The court shall make a written finding of fact, to
94-be made part of the record upon conviction or adjudication, of
95-whether or not the act was committed in the presence of a
67+contained in the amendment.
68+A BILL
69+TO BE ENTITLED
70+AN ACT
71+Relating to crimes and offenses; to amend Sections
72+13A-6-130, 13A-6-131, and 13A-6-132, Code of Alabama 1975, to
73+include additional family members that may be a victim of
74+domestic violence; and in connection therewith would have as
75+its purpose or effect the requirement of a new or increased
76+expenditure of local funds within the meaning of Section
77+111.05 of the Constitution of Alabama of 2022.
78+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
79+Section 1. Sections 13A-6-130, 13A-6-131, and
80+13A-6-132, Code of Alabama 1975, are amended to read as
81+follows:
82+"§13A-6-130
83+(a)(1) A person commits the crime of domestic violence
84+in the first degree if the person commits the crime of assault
85+in the first degree pursuant to Section 13A-6-20; aggravated
86+stalking pursuant to Section 13A-6-91; or burglary in the
87+first degree pursuant to Section 13A-7-5 and the victim is a
88+current or former spouse, parent, step-parent, child,
89+step-child, grandparent, any person with whom the defendant
90+has a child in common, a present household member, or a person
91+who has or had a dating relationship with the defendant.
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125-child. If a defendant has a trial by jury and the jury finds
126-the defendant guilty, the jury shall also render a special
127-verdict as to whether or not the defendant committed the act
128-in the presence of a child."
129-"§13A-6-131
130-(a)(1) A person commits the crime of domestic violence
131-in the second degree if the person commits the crime of
132-assault in the second degree pursuant to Section 13A-6-21; the
133-crime of intimidating a witness pursuant to Section
134-13A-10-123; the crime of stalking pursuant to Section
135-13A-6-90; the crime of burglary in the second or third degree
136-pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of
137-criminal mischief in the first degree pursuant to Section
138-13A-7-21 and the victim is a current or former spouse, parent,
139-step-parent, child, step-child, grandparent, step-grandparent,
140-grandchild, step-grandchild, any person with whom the
141-defendant has a child in common, a present household member,
142-or a person who has or had a dating relationship with the
143-defendant.
144121 (2) For the purposes of this section, a household
145122 member excludes non-romantic or non-intimate co-residents, and
146123 a dating relationship means a current or former relationship
147124 of a romantic or intimate nature characterized by the
148125 expectation of affectionate or sexual involvement by either
149126 party.
150-(b) Domestic violence in the second degree is a Class B
151-felony, except the defendant shall serve a minimum term of
152-imprisonment of six months without consideration of probation,
127+(b) Domestic violence in the first degree is a Class A
128+felony, except that the defendant shall serve a minimum term
129+of imprisonment of one year without consideration of
130+probation, parole, good time credits, or any other reduction
131+in time for any second or subsequent conviction under this
132+subsection.
133+(c) The minimum term of imprisonment imposed under
134+subsection (b) shall be double without consideration of
135+probation, parole, good time credits, or any reduction in time
136+if either of the following occurs:
137+(1) A defendant willfully violates a protection order
138+issued by a court of competent jurisdiction and in the process
139+of violating the order commits domestic violence in the first
140+degree.
141+(2) The offense was committed in the presence of a
142+child under the age of 14 years at the time of the offense,
143+who is the victim's child or step-child, the defendant's child
144+or step-child, or who is a child residing in or visiting the
145+household of the victim or defendant. For purposes of this
146+subsection, "in the presence of a child" means that the child
147+was in a position to see or hear the act.
148+(d) The court shall make a written finding of fact, to
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178+be made part of the record upon conviction or adjudication, of
179+whether or not the act was committed in the presence of a
180+child. If a defendant has a trial by jury and the jury finds
181+the defendant guilty, the jury shall also render a special
182+verdict as to whether or not the defendant committed the act
183+in the presence of a child."
184+"§13A-6-131
185+(a)(1) A person commits the crime of domestic violence
186+in the second degree if the person commits the crime of
187+assault in the second degree pursuant to Section 13A-6-21; the
188+crime of intimidating a witness pursuant to Section
189+13A-10-123; the crime of stalking pursuant to Section
190+13A-6-90; the crime of burglary in the second or third degree
191+pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of
192+criminal mischief in the first degree pursuant to Section
193+13A-7-21 and the victim is a current or former spouse, parent,
194+step-parent, child, step-child, grandparent, any person with
195+whom the defendant has a child in common, a present household
196+member, or a person who has or had a dating relationship with
197+the defendant.
198+(2) For the purposes of this section, a household
199+member excludes non-romantic or non-intimate co-residents, and
200+a dating relationship means a current or former relationship
201+of a romantic or intimate nature characterized by the
202+expectation of affectionate or sexual involvement by either
203+party.
204+(b) Domestic violence in the second degree is a Class B
205+felony, except the defendant shall serve a minimum term of
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235+imprisonment of six months without consideration of probation,
182236 parole, good time credits, or any reduction in time for any
183237 second or subsequent conviction under this subsection.
184238 (c) The minimum term of imprisonment imposed under
185239 subsection (b) shall be double without consideration of
186240 probation, parole, good time credits, or any reduction in time
187241 if either of the following applies:
188242 (1) A defendant willfully violates a protection order
189243 issued by a court of competent jurisdiction and in the process
190244 of violating the order commits domestic violence in the second
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192246 (2) The offense was committed in the presence of a
193247 child under the age of 14 years at the time of the offense,
194248 who is the victim's child or step-child, the defendant's child
195249 or step-child, or who is a child residing in or visiting the
196250 household of the victim or defendant. For purposes of this
197251 subsection, "in the presence of a child" means that the child
198252 was in a position to see or hear the act.
199253 (d) The court shall make a written finding of fact, to
200254 be made part of the record upon conviction or adjudication, of
201255 whether or not the act was committed in the presence of a
202256 child. If a defendant has a trial by jury and the jury finds
203257 the defendant guilty, the jury shall also render a special
204258 verdict as to whether or not the defendant committed the act
205259 in the presence of a child."
206260 "§13A-6-132
207261 (a)(1) A person commits domestic violence in the third
208262 degree if the person commits the crime of assault in the third
209-degree pursuant to Section 13A-6-22; the crime of menacing
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239-pursuant to Section 13A-6-23; the crime of reckless
240-endangerment pursuant to Section 13A-6-24; the crime of
241-criminal coercion pursuant to Section 13A-6-25; the crime of
242-harassment pursuant to subsection (a) of Section 13A-11-8; the
243-crime of criminal surveillance pursuant to Section 13A-11-32;
244-the crime of harassing communications pursuant to subsection
245-(b) of Section 13A-11-8; the crime of criminal trespass in the
246-third degree pursuant to Section 13A-7-4; the crime of
247-criminal mischief in the second or third degree pursuant to
248-Sections 13A-7-22 and 13A-7-23; or the crime of arson in the
249-third degree pursuant to Section 13A-7-43; and the victim is a
250-current or former spouse, parent, step-parent, child,
251-step-child, grandparent, step-grandparent, grandchild,
252-step-grandchild, any person with whom the defendant has a
253-child in common, a present household member, or a person who
254-has or had a dating relationship with the defendant.
255-(2) For the purpose of this section, a household member
256-excludes non-romantic or non-intimate co-residents, and a
257-dating relationship means a current or former relationship of
258-a romantic or intimate nature characterized by the expectation
259-of affectionate or sexual involvement by either party.
260-(b) Domestic violence in the third degree is a Class A
261-misdemeanor. The minimum term of imprisonment imposed under
262-subsection (a) shall be 30 days without consideration of
263-reduction in time if a defendant willfully violates a
264-protection order issued by a court of competent jurisdiction
265-and in the process of violating the order commits domestic
266-violence in the third degree.
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296-(c) A second conviction under subsection (a) is a Class
297-A misdemeanor, except the defendant shall serve a minimum term
298-of imprisonment of 10 days in a city or county jail or
299-detention facility without consideration for any reduction in
300-time.
301-(d) A third or subsequent conviction under subsection
302-(a) is a Class C felony.
303-(e) If the defendant has a previous conviction for
304-domestic violence in the first degree pursuant to Section
305-13A-6-130, domestic violence in the second degree pursuant to
306-Section 13A-6-131, domestic violence by strangulation or
307-suffocation pursuant to Section 13A-6-138, or a domestic
308-violence conviction or other substantially similar conviction
309-from another state or jurisdiction, a conviction under
310-subsection (a) is a Class C felony.
311-(f) For purposes of determining second, third, or
312-subsequent number of convictions, convictions in municipal
313-court shall be included."
314-"§13A-6-138
315-(a) For the purposes of this section, the following
316-terms have the following meanings:
317-(1) STRANGULATION. Intentionally causing asphyxia by
318-closure or compression of the blood vessels or air passages of
319-the neck as a result of external pressure on the neck.
320-(2) SUFFOCATION. Intentionally causing asphyxia by
321-depriving a person of air or by preventing a person from
322-breathing through the inhalation of toxic gases or by blocking
323-or obstructing the airway of a person, by any means other than
292+degree pursuant to Section 13A-6-22; the crime of menacing
293+pursuant to Section 13A-6-23; the crime of reckless
294+endangerment pursuant to Section 13A-6-24; the crime of
295+criminal coercion pursuant to Section 13A-6-25; the crime of
296+harassment pursuant to subsection (a) of Section 13A-11-8; the
297+crime of criminal surveillance pursuant to Section 13A-11-32;
298+the crime of harassing communications pursuant to subsection
299+(b) of Section 13A-11-8; the crime of criminal trespass in the
300+third degree pursuant to Section 13A-7-4; the crime of
301+criminal mischief in the second or third degree pursuant to
302+Sections 13A-7-22 and 13A-7-23; or the crime of arson in the
303+third degree pursuant to Section 13A-7-43; and the victim is a
304+current or former spouse, parent, step-parent, child,
305+step-child, grandparent, any person with whom the defendant
306+has a child in common, a present household member, or a person
307+who has or had a dating relationship with the defendant.
308+(2) For the purpose of this section, a household member
309+excludes non-romantic or non-intimate co-residents, and a
310+dating relationship means a current or former relationship of
311+a romantic or intimate nature characterized by the expectation
312+of affectionate or sexual involvement by either party.
313+(b) Domestic violence in the third degree is a Class A
314+misdemeanor. The minimum term of imprisonment imposed under
315+subsection (a) shall be 30 days without consideration of
316+reduction in time if a defendant willfully violates a
317+protection order issued by a court of competent jurisdiction
318+and in the process of violating the order commits domestic
319+violence in the third degree.
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353-by strangulation.
354-(b) A person commits the crime of domestic violence by
355-strangulation or suffocation if he or she commits an assault
356-with intent to cause physical harm or commits the crime of
357-menacing pursuant to Section 13A-6-23, by strangulation or
358-suffocation or attempted strangulation or suffocation and the
359-victim is a current or former spouse, parent, step-parent,
360-child, step-child, grandparent, step-grandparent, grandchild,
361-step-grandchild, any person with whom the defendant has a
362-child in common, a present household member, or a person who
363-has or had a dating relationship with the defendant. For the
364-purpose of this section, a household member excludes
365-non-romantic or non-intimate co-residents, and a dating
366-relationship means a current or former relationship of a
367-romantic or intimate nature characterized by the expectation
368-of affectionate or sexual involvement by either party.
369-(c) Domestic violence by strangulation or suffocation
370-is a Class B felony punishable by law."
371-"§30-5-2
372-In this chapter, the following words shall have the
373-following meanings unless the context clearly indicates
374-otherwise:
375-(1) ABUSE. An act committed against a victim, which is
376-any of the following:a. Arson. Arson as defined under Sections
377-13A-7-40 to 13A-7-43, inclusive.
378-b. Assault. Assault as defined under Sections 13A-6-20
379-to 13A-6-22, inclusive.
380-c. Attempt. Attempt as defined under Section 13A-4-2.
349+(c) A second conviction under subsection (a) is a Class
350+A misdemeanor, except the defendant shall serve a minimum term
351+of imprisonment of 10 days in a city or county jail or
352+detention facility without consideration for any reduction in
353+time.
354+(d) A third or subsequent conviction under subsection
355+(a) is a Class C felony.
356+(e) If the defendant has a previous conviction for
357+domestic violence in the first degree pursuant to Section
358+13A-6-130, domestic violence in the second degree pursuant to
359+Section 13A-6-131, domestic violence by strangulation or
360+suffocation pursuant to Section 13A-6-138, or a domestic
361+violence conviction or other substantially similar conviction
362+from another state or jurisdiction, a conviction under
363+subsection (a) is a Class C felony.
364+(f) For purposes of determining second, third, or
365+subsequent number of convictions, convictions in municipal
366+court shall be included."
367+Section 2. Although this bill would have as its purpose
368+or effect the requirement of a new or increased expenditure of
369+local funds, the bill is excluded from further requirements
370+and application under Section 111.05 of the Constitution of
371+Alabama of 2022, because the bill defines a new crime or
372+amends the definition of an existing crime.
373+Section 3. This act shall become effective on the first
374+day of the third month following its passage and approval by
375+the Governor, or its otherwise becoming law.
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410-d. Child Abuse. Torture or willful abuse of a child,
411-aggravated child abuse, or chemical endangerment of a child as
412-provided in Chapter 15, commencing with Section 26-15-1, of
413-Title 26, known as the Alabama Child Abuse Act.
414-e. Criminal Coercion. Criminal coercion as defined
415-under Section 13A-6-25.
416-f. Criminal Trespass. Criminal trespass as defined
417-under Sections 13A-7-2 to 13A-7-4.1, inclusive.
418-g. Harassment. Harassment as defined under Section
419-13A-11-8.
420-h. Kidnapping. Kidnapping as defined under Sections
421-13A-6-43 and 13A-6-44.
422-i. Menacing. Menacing as defined under Section
423-13A-6-23.
424-j. Other Conduct. Any other conduct directed toward a
425-plaintiff covered by this chapter that could be punished as a
426-criminal act under the laws of this state.
427-k. Reckless Endangerment. Reckless endangerment as
428-defined under Section 13A-6-24.
429-l. Sexual Abuse. Any sexual offenses included in
430-Article 4, commencing with Section 13A-6-60, of Chapter 6 of
431-Title 13A.
432-m. Stalking. Stalking as defined under Sections
433-13A-6-90 to 13A-6-94, inclusive.
434-n. Theft. Theft as defined under Sections 13A-8-1 to
435-13A-8-5, inclusive.
436-o. Unlawful Imprisonment. Unlawful imprisonment as
437-defined under Sections 13A-6-41 and 13A-6-42.
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467-(2) COURT. A circuit court judge, a district court
468-judge appointed as a special circuit court judge pursuant to
469-law or a district court judge designated by a written standing
470-order from the presiding circuit court judge to handle
471-protection from abuse cases.
472-(3) DATING RELATIONSHIP. A relationship or former
473-relationship of a romantic or intimate nature characterized by
474-the expectation of affectionate or sexual involvement by
475-either party.
476-a. A dating relationship includes the period of
477-engagement to be married.
478-b. A dating relationship does not include a casual or
479-business relationship or a relationship that ended more than
480-12 months prior to the filing of the petition for a protection
481-order.
482-(4) PLAINTIFF. An individual who has standing to file a
483-petition under Section 30-5-5.
484-(5) PROTECTION ORDER. Any order of protection from
485-abuse issued under this chapter for the purpose of preventing
486-acts of abuse as defined in this chapter.
487-(6) THREAT. Any word or action, expressed or implied,
488-made to cause the plaintiff to fear for his or her safety or
489-for the safety of another person.
490-(7) VICTIM. An individual who is related in any of the
491-following ways to the person who commits an act of abuse:
492-a. Has a current or former marriage, including common
493-law marriage, with the defendant.
494-b. Has a child in common with the defendant regardless
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524-of whether the victim and defendant have ever been married and
525-regardless of whether they are currently residing or have in
526-the past resided together in the same household.
527-c. Has or had a dating relationship with the defendant.
528-A dating relationship does not include a casual or business
529-relationship or a relationship that ended more than 12 months
530-prior to the filing of the petition for a protection order.
531-d. Is a current or former household member. For
532-purposes of this chapter, a "household member " excludes
533-non-romantic or non-intimate co-residents.
534-e. A relative of a current or former household member
535-as defined in paragraph d. who also lived with the defendant.
536-f. An individual who is a parent, stepparent, child, or
537-stepchild.
538-g. An individual who is a grandparent,
539-step-grandparent, grandchild, or step-grandchild. "
540-Section 2. Although this bill would have as its purpose
541-or effect the requirement of a new or increased expenditure of
542-local funds, the bill is excluded from further requirements
543-and application under Section 111.05 of the Constitution of
544-Alabama of 2022, because the bill defines a new crime or
545-amends the definition of an existing crime.
546-Section 3. This act shall become effective on the first
547-day of the third month following its passage and approval by
548-the Governor, or its otherwise becoming law.
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573-277 HB76 EnrolledHB76 Enrolled
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575-________________________________________________
576-Speaker of the House of Representatives
577-________________________________________________
578-President and Presiding Officer of the Senate
579-House of Representatives
580-I hereby certify that the within Act originated in and
581-was passed by the House 27-Apr-23, as amended.
582-John Treadwell
583-Clerk
584-Senate 31-May-23 Passed
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