14 | | - | Enrolled, An Act, |
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15 | | - | Relating to crimes and offenses; to amend Sections |
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16 | | - | 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-138, and 30-5-2, Code |
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17 | | - | of Alabama 1975, to include additional family members that may |
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18 | | - | be a victim of domestic violence; and in connection therewith |
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19 | | - | would have as its purpose or effect the requirement of a new |
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20 | | - | or increased expenditure of local funds within the meaning of |
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21 | | - | Section 111.05 of the Constitution of Alabama of 2022. |
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22 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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23 | | - | Section 1. Sections 13A-6-130, 13A-6-131, and |
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24 | | - | 13A-6-132, 13A-6-138, and 30-5-2, Code of Alabama 1975, are |
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25 | | - | amended to read as follows: |
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26 | | - | "§13A-6-130 |
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27 | | - | (a)(1) A person commits the crime of domestic violence |
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28 | | - | in the first degree if the person commits the crime of assault |
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29 | | - | in the first degree pursuant to Section 13A-6-20; aggravated |
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30 | | - | stalking pursuant to Section 13A-6-91; or burglary in the |
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31 | | - | first degree pursuant to Section 13A-7-5 and the victim is a |
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32 | | - | current or former spouse, parent, step-parent, child, |
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33 | | - | step-child, grandparent, step-grandparent, grandchild, |
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34 | | - | step-grandchild, any person with whom the defendant has a |
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35 | | - | child in common, a present household member, or a person who |
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36 | | - | has or had a dating relationship with the defendant. |
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37 | | - | (2) For the purposes of this section, a household |
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38 | | - | member excludes non-romantic or non-intimate co-residents, and |
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| 13 | + | SYNOPSIS: |
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| 14 | + | Under existing law, a person commits the crime |
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| 15 | + | of domestic violence if the victim is a current or |
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| 16 | + | former spouse, parent, step-parent, child, step-child, |
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| 17 | + | any person with whom the defendant has a child in |
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| 18 | + | common, a present household member, or a person who has |
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| 19 | + | or had a dating relationship with the defendant. |
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| 20 | + | This bill would provide that a grandparent may |
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| 21 | + | be a victim of domestic violence. |
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| 22 | + | Section 111.05 of the Constitution of Alabama of |
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| 23 | + | 2022, prohibits a general law whose purpose or effect |
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| 24 | + | would be to require a new or increased expenditure of |
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| 25 | + | local funds from becoming effective with regard to a |
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| 26 | + | local governmental entity without enactment by a 2/3 |
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| 27 | + | vote unless: it comes within one of a number of |
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| 28 | + | specified exceptions; it is approved by the affected |
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| 29 | + | entity; or the Legislature appropriates funds, or |
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| 30 | + | provides a local source of revenue, to the entity for |
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| 31 | + | the purpose. |
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| 32 | + | The purpose or effect of this bill would be to |
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| 33 | + | require a new or increased expenditure of local funds |
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| 34 | + | within the meaning of the amendment. However, the bill |
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| 35 | + | does not require approval of a local governmental |
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| 36 | + | entity or enactment by a 2/3 vote to become effective |
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| 37 | + | because it comes within one of the specified exceptions |
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68 | | - | a dating relationship means a current or former relationship |
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69 | | - | of a romantic or intimate nature characterized by the |
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70 | | - | expectation of affectionate or sexual involvement by either |
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71 | | - | party. |
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72 | | - | (b) Domestic violence in the first degree is a Class A |
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73 | | - | felony, except that the defendant shall serve a minimum term |
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74 | | - | of imprisonment of one year without consideration of |
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75 | | - | probation, parole, good time credits, or any other reduction |
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76 | | - | in time for any second or subsequent conviction under this |
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77 | | - | subsection. |
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78 | | - | (c) The minimum term of imprisonment imposed under |
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79 | | - | subsection (b) shall be double without consideration of |
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80 | | - | probation, parole, good time credits, or any reduction in time |
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81 | | - | if either of the following occurs: |
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82 | | - | (1) A defendant willfully violates a protection order |
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83 | | - | issued by a court of competent jurisdiction and in the process |
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84 | | - | of violating the order commits domestic violence in the first |
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85 | | - | degree. |
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86 | | - | (2) The offense was committed in the presence of a |
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87 | | - | child under the age of 14 years at the time of the offense, |
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88 | | - | who is the victim's child or step-child, the defendant's child |
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89 | | - | or step-child, or who is a child residing in or visiting the |
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90 | | - | household of the victim or defendant. For purposes of this |
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91 | | - | subsection, "in the presence of a child" means that the child |
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92 | | - | was in a position to see or hear the act. |
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93 | | - | (d) The court shall make a written finding of fact, to |
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94 | | - | be made part of the record upon conviction or adjudication, of |
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95 | | - | whether or not the act was committed in the presence of a |
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| 67 | + | contained in the amendment. |
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| 68 | + | A BILL |
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| 69 | + | TO BE ENTITLED |
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| 70 | + | AN ACT |
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| 71 | + | Relating to crimes and offenses; to amend Sections |
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| 72 | + | 13A-6-130, 13A-6-131, and 13A-6-132, Code of Alabama 1975, to |
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| 73 | + | include additional family members that may be a victim of |
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| 74 | + | domestic violence; and in connection therewith would have as |
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| 75 | + | its purpose or effect the requirement of a new or increased |
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| 76 | + | expenditure of local funds within the meaning of Section |
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| 77 | + | 111.05 of the Constitution of Alabama of 2022. |
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| 78 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 79 | + | Section 1. Sections 13A-6-130, 13A-6-131, and |
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| 80 | + | 13A-6-132, Code of Alabama 1975, are amended to read as |
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| 81 | + | follows: |
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| 82 | + | "§13A-6-130 |
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| 83 | + | (a)(1) A person commits the crime of domestic violence |
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| 84 | + | in the first degree if the person commits the crime of assault |
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| 85 | + | in the first degree pursuant to Section 13A-6-20; aggravated |
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| 86 | + | stalking pursuant to Section 13A-6-91; or burglary in the |
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| 87 | + | first degree pursuant to Section 13A-7-5 and the victim is a |
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| 88 | + | current or former spouse, parent, step-parent, child, |
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| 89 | + | step-child, grandparent, any person with whom the defendant |
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| 90 | + | has a child in common, a present household member, or a person |
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| 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 |
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126 | | - | the defendant guilty, the jury shall also render a special |
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127 | | - | verdict as to whether or not the defendant committed the act |
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128 | | - | in the presence of a child." |
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129 | | - | "§13A-6-131 |
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130 | | - | (a)(1) A person commits the crime of domestic violence |
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131 | | - | in the second degree if the person commits the crime of |
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132 | | - | assault in the second degree pursuant to Section 13A-6-21; the |
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133 | | - | crime of intimidating a witness pursuant to Section |
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134 | | - | 13A-10-123; the crime of stalking pursuant to Section |
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135 | | - | 13A-6-90; the crime of burglary in the second or third degree |
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136 | | - | pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of |
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137 | | - | criminal mischief in the first degree pursuant to Section |
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138 | | - | 13A-7-21 and the victim is a current or former spouse, parent, |
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139 | | - | step-parent, child, step-child, grandparent, step-grandparent, |
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140 | | - | grandchild, step-grandchild, any person with whom the |
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141 | | - | defendant has a child in common, a present household member, |
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142 | | - | or a person who has or had a dating relationship with the |
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143 | | - | defendant. |
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150 | | - | (b) Domestic violence in the second degree is a Class B |
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151 | | - | felony, except the defendant shall serve a minimum term of |
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152 | | - | imprisonment of six months without consideration of probation, |
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| 127 | + | (b) Domestic violence in the first degree is a Class A |
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| 128 | + | felony, except that the defendant shall serve a minimum term |
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| 129 | + | of imprisonment of one year without consideration of |
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| 130 | + | probation, parole, good time credits, or any other reduction |
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| 131 | + | in time for any second or subsequent conviction under this |
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| 132 | + | subsection. |
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| 133 | + | (c) The minimum term of imprisonment imposed under |
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| 134 | + | subsection (b) shall be double without consideration of |
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| 135 | + | probation, parole, good time credits, or any reduction in time |
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| 136 | + | if either of the following occurs: |
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| 137 | + | (1) A defendant willfully violates a protection order |
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| 138 | + | issued by a court of competent jurisdiction and in the process |
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| 139 | + | of violating the order commits domestic violence in the first |
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| 140 | + | degree. |
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| 141 | + | (2) The offense was committed in the presence of a |
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| 142 | + | child under the age of 14 years at the time of the offense, |
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| 143 | + | who is the victim's child or step-child, the defendant's child |
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| 144 | + | or step-child, or who is a child residing in or visiting the |
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| 145 | + | household of the victim or defendant. For purposes of this |
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| 146 | + | subsection, "in the presence of a child" means that the child |
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| 147 | + | was in a position to see or hear the act. |
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| 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 |
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| 179 | + | whether or not the act was committed in the presence of a |
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| 180 | + | child. If a defendant has a trial by jury and the jury finds |
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| 181 | + | the defendant guilty, the jury shall also render a special |
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| 182 | + | verdict as to whether or not the defendant committed the act |
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| 183 | + | in the presence of a child." |
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| 184 | + | "§13A-6-131 |
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| 185 | + | (a)(1) A person commits the crime of domestic violence |
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| 186 | + | in the second degree if the person commits the crime of |
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| 187 | + | assault in the second degree pursuant to Section 13A-6-21; the |
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| 188 | + | crime of intimidating a witness pursuant to Section |
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| 189 | + | 13A-10-123; the crime of stalking pursuant to Section |
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| 190 | + | 13A-6-90; the crime of burglary in the second or third degree |
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| 191 | + | pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of |
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| 192 | + | criminal mischief in the first degree pursuant to Section |
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| 193 | + | 13A-7-21 and the victim is a current or former spouse, parent, |
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| 194 | + | step-parent, child, step-child, grandparent, any person with |
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| 195 | + | whom the defendant has a child in common, a present household |
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| 196 | + | member, or a person who has or had a dating relationship with |
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| 197 | + | the defendant. |
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| 198 | + | (2) For the purposes of this section, a household |
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| 199 | + | member excludes non-romantic or non-intimate co-residents, and |
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| 200 | + | a dating relationship means a current or former relationship |
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| 201 | + | of a romantic or intimate nature characterized by the |
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| 202 | + | expectation of affectionate or sexual involvement by either |
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| 203 | + | party. |
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| 204 | + | (b) Domestic violence in the second degree is a Class B |
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| 205 | + | felony, except the defendant shall serve a minimum term of |
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| 233 | + | 112 HB76 INTRODUCEDHB76 INTRODUCED |
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| 234 | + | Page 5 |
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| 235 | + | imprisonment of six months without consideration of probation, |
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182 | 236 | | parole, good time credits, or any reduction in time for any |
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183 | 237 | | second or subsequent conviction under this subsection. |
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184 | 238 | | (c) The minimum term of imprisonment imposed under |
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185 | 239 | | subsection (b) shall be double without consideration of |
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186 | 240 | | probation, parole, good time credits, or any reduction in time |
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187 | 241 | | if either of the following applies: |
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188 | 242 | | (1) A defendant willfully violates a protection order |
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189 | 243 | | issued by a court of competent jurisdiction and in the process |
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190 | 244 | | of violating the order commits domestic violence in the second |
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191 | 245 | | degree. |
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192 | 246 | | (2) The offense was committed in the presence of a |
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193 | 247 | | child under the age of 14 years at the time of the offense, |
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194 | 248 | | who is the victim's child or step-child, the defendant's child |
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195 | 249 | | or step-child, or who is a child residing in or visiting the |
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196 | 250 | | household of the victim or defendant. For purposes of this |
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197 | 251 | | subsection, "in the presence of a child" means that the child |
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198 | 252 | | was in a position to see or hear the act. |
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199 | 253 | | (d) The court shall make a written finding of fact, to |
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200 | 254 | | be made part of the record upon conviction or adjudication, of |
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201 | 255 | | whether or not the act was committed in the presence of a |
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202 | 256 | | child. If a defendant has a trial by jury and the jury finds |
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203 | 257 | | the defendant guilty, the jury shall also render a special |
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204 | 258 | | verdict as to whether or not the defendant committed the act |
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205 | 259 | | in the presence of a child." |
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206 | 260 | | "§13A-6-132 |
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207 | 261 | | (a)(1) A person commits domestic violence in the third |
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208 | 262 | | degree if the person commits the crime of assault in the third |
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209 | | - | degree pursuant to Section 13A-6-22; the crime of menacing |
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210 | | - | 85 |
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237 | | - | 112 HB76 EnrolledHB76 Enrolled |
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238 | | - | Page 5 |
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239 | | - | pursuant to Section 13A-6-23; the crime of reckless |
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240 | | - | endangerment pursuant to Section 13A-6-24; the crime of |
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241 | | - | criminal coercion pursuant to Section 13A-6-25; the crime of |
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242 | | - | harassment pursuant to subsection (a) of Section 13A-11-8; the |
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243 | | - | crime of criminal surveillance pursuant to Section 13A-11-32; |
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244 | | - | the crime of harassing communications pursuant to subsection |
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245 | | - | (b) of Section 13A-11-8; the crime of criminal trespass in the |
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246 | | - | third degree pursuant to Section 13A-7-4; the crime of |
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247 | | - | criminal mischief in the second or third degree pursuant to |
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248 | | - | Sections 13A-7-22 and 13A-7-23; or the crime of arson in the |
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249 | | - | third degree pursuant to Section 13A-7-43; and the victim is a |
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250 | | - | current or former spouse, parent, step-parent, child, |
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251 | | - | step-child, grandparent, step-grandparent, grandchild, |
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252 | | - | step-grandchild, any person with whom the defendant has a |
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253 | | - | child in common, a present household member, or a person who |
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254 | | - | has or had a dating relationship with the defendant. |
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255 | | - | (2) For the purpose of this section, a household member |
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256 | | - | excludes non-romantic or non-intimate co-residents, and a |
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257 | | - | dating relationship means a current or former relationship of |
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258 | | - | a romantic or intimate nature characterized by the expectation |
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259 | | - | of affectionate or sexual involvement by either party. |
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260 | | - | (b) Domestic violence in the third degree is a Class A |
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261 | | - | misdemeanor. The minimum term of imprisonment imposed under |
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262 | | - | subsection (a) shall be 30 days without consideration of |
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263 | | - | reduction in time if a defendant willfully violates a |
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264 | | - | protection order issued by a court of competent jurisdiction |
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265 | | - | and in the process of violating the order commits domestic |
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266 | | - | violence in the third degree. |
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296 | | - | (c) A second conviction under subsection (a) is a Class |
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297 | | - | A misdemeanor, except the defendant shall serve a minimum term |
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298 | | - | of imprisonment of 10 days in a city or county jail or |
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299 | | - | detention facility without consideration for any reduction in |
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300 | | - | time. |
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301 | | - | (d) A third or subsequent conviction under subsection |
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302 | | - | (a) is a Class C felony. |
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303 | | - | (e) If the defendant has a previous conviction for |
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304 | | - | domestic violence in the first degree pursuant to Section |
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305 | | - | 13A-6-130, domestic violence in the second degree pursuant to |
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306 | | - | Section 13A-6-131, domestic violence by strangulation or |
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307 | | - | suffocation pursuant to Section 13A-6-138, or a domestic |
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308 | | - | violence conviction or other substantially similar conviction |
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309 | | - | from another state or jurisdiction, a conviction under |
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310 | | - | subsection (a) is a Class C felony. |
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311 | | - | (f) For purposes of determining second, third, or |
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312 | | - | subsequent number of convictions, convictions in municipal |
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313 | | - | court shall be included." |
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314 | | - | "§13A-6-138 |
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315 | | - | (a) For the purposes of this section, the following |
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316 | | - | terms have the following meanings: |
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317 | | - | (1) STRANGULATION. Intentionally causing asphyxia by |
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318 | | - | closure or compression of the blood vessels or air passages of |
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319 | | - | the neck as a result of external pressure on the neck. |
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320 | | - | (2) SUFFOCATION. Intentionally causing asphyxia by |
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321 | | - | depriving a person of air or by preventing a person from |
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322 | | - | breathing through the inhalation of toxic gases or by blocking |
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323 | | - | or obstructing the airway of a person, by any means other than |
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| 292 | + | degree pursuant to Section 13A-6-22; the crime of menacing |
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| 293 | + | pursuant to Section 13A-6-23; the crime of reckless |
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| 294 | + | endangerment pursuant to Section 13A-6-24; the crime of |
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| 295 | + | criminal coercion pursuant to Section 13A-6-25; the crime of |
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| 296 | + | harassment pursuant to subsection (a) of Section 13A-11-8; the |
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| 297 | + | crime of criminal surveillance pursuant to Section 13A-11-32; |
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| 298 | + | the crime of harassing communications pursuant to subsection |
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| 299 | + | (b) of Section 13A-11-8; the crime of criminal trespass in the |
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| 300 | + | third degree pursuant to Section 13A-7-4; the crime of |
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| 301 | + | criminal mischief in the second or third degree pursuant to |
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| 302 | + | Sections 13A-7-22 and 13A-7-23; or the crime of arson in the |
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| 303 | + | third degree pursuant to Section 13A-7-43; and the victim is a |
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| 304 | + | current or former spouse, parent, step-parent, child, |
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| 305 | + | step-child, grandparent, any person with whom the defendant |
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| 306 | + | has a child in common, a present household member, or a person |
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| 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 |
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| 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 |
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| 318 | + | and in the process of violating the order commits domestic |
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| 319 | + | violence in the third degree. |
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353 | | - | by strangulation. |
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354 | | - | (b) A person commits the crime of domestic violence by |
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355 | | - | strangulation or suffocation if he or she commits an assault |
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356 | | - | with intent to cause physical harm or commits the crime of |
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357 | | - | menacing pursuant to Section 13A-6-23, by strangulation or |
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358 | | - | suffocation or attempted strangulation or suffocation and the |
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359 | | - | victim is a current or former spouse, parent, step-parent, |
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360 | | - | child, step-child, grandparent, step-grandparent, grandchild, |
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361 | | - | step-grandchild, any person with whom the defendant has a |
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362 | | - | child in common, a present household member, or a person who |
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363 | | - | has or had a dating relationship with the defendant. For the |
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364 | | - | purpose of this section, a household member excludes |
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365 | | - | non-romantic or non-intimate co-residents, and a dating |
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366 | | - | relationship means a current or former relationship of a |
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367 | | - | romantic or intimate nature characterized by the expectation |
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368 | | - | of affectionate or sexual involvement by either party. |
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369 | | - | (c) Domestic violence by strangulation or suffocation |
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370 | | - | is a Class B felony punishable by law." |
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371 | | - | "§30-5-2 |
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372 | | - | In this chapter, the following words shall have the |
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373 | | - | following meanings unless the context clearly indicates |
---|
374 | | - | otherwise: |
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375 | | - | (1) ABUSE. An act committed against a victim, which is |
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376 | | - | any of the following:a. Arson. Arson as defined under Sections |
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377 | | - | 13A-7-40 to 13A-7-43, inclusive. |
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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 |
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| 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 |
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| 363 | + | subsection (a) is a Class C felony. |
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| 364 | + | (f) For purposes of determining second, third, or |
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| 365 | + | subsequent number of convictions, convictions in municipal |
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| 366 | + | court shall be included." |
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| 367 | + | Section 2. Although this bill would have as its purpose |
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| 368 | + | or effect the requirement of a new or increased expenditure of |
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| 369 | + | local funds, the bill is excluded from further requirements |
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| 370 | + | and application under Section 111.05 of the Constitution of |
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| 371 | + | Alabama of 2022, because the bill defines a new crime or |
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| 372 | + | amends the definition of an existing crime. |
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| 373 | + | Section 3. This act shall become effective on the first |
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| 374 | + | day of the third month following its passage and approval by |
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| 375 | + | the Governor, or its otherwise becoming law. |
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409 | | - | Page 8 |
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410 | | - | d. Child Abuse. Torture or willful abuse of a child, |
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411 | | - | aggravated child abuse, or chemical endangerment of a child as |
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412 | | - | provided in Chapter 15, commencing with Section 26-15-1, of |
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413 | | - | Title 26, known as the Alabama Child Abuse Act. |
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414 | | - | e. Criminal Coercion. Criminal coercion as defined |
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415 | | - | under Section 13A-6-25. |
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416 | | - | f. Criminal Trespass. Criminal trespass as defined |
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417 | | - | under Sections 13A-7-2 to 13A-7-4.1, inclusive. |
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418 | | - | g. Harassment. Harassment as defined under Section |
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419 | | - | 13A-11-8. |
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420 | | - | h. Kidnapping. Kidnapping as defined under Sections |
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421 | | - | 13A-6-43 and 13A-6-44. |
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422 | | - | i. Menacing. Menacing as defined under Section |
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423 | | - | 13A-6-23. |
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424 | | - | j. Other Conduct. Any other conduct directed toward a |
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425 | | - | plaintiff covered by this chapter that could be punished as a |
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426 | | - | criminal act under the laws of this state. |
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427 | | - | k. Reckless Endangerment. Reckless endangerment as |
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428 | | - | defined under Section 13A-6-24. |
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429 | | - | l. Sexual Abuse. Any sexual offenses included in |
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430 | | - | Article 4, commencing with Section 13A-6-60, of Chapter 6 of |
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431 | | - | Title 13A. |
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432 | | - | m. Stalking. Stalking as defined under Sections |
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433 | | - | 13A-6-90 to 13A-6-94, inclusive. |
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434 | | - | n. Theft. Theft as defined under Sections 13A-8-1 to |
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435 | | - | 13A-8-5, inclusive. |
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436 | | - | o. Unlawful Imprisonment. Unlawful imprisonment as |
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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 |
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468 | | - | judge appointed as a special circuit court judge pursuant to |
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469 | | - | law or a district court judge designated by a written standing |
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470 | | - | order from the presiding circuit court judge to handle |
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471 | | - | protection from abuse cases. |
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472 | | - | (3) DATING RELATIONSHIP. A relationship or former |
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473 | | - | relationship of a romantic or intimate nature characterized by |
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474 | | - | the expectation of affectionate or sexual involvement by |
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475 | | - | either party. |
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476 | | - | a. A dating relationship includes the period of |
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477 | | - | engagement to be married. |
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478 | | - | b. A dating relationship does not include a casual or |
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479 | | - | business relationship or a relationship that ended more than |
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480 | | - | 12 months prior to the filing of the petition for a protection |
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481 | | - | order. |
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482 | | - | (4) PLAINTIFF. An individual who has standing to file a |
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483 | | - | petition under Section 30-5-5. |
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484 | | - | (5) PROTECTION ORDER. Any order of protection from |
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485 | | - | abuse issued under this chapter for the purpose of preventing |
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486 | | - | acts of abuse as defined in this chapter. |
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487 | | - | (6) THREAT. Any word or action, expressed or implied, |
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488 | | - | made to cause the plaintiff to fear for his or her safety or |
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489 | | - | for the safety of another person. |
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490 | | - | (7) VICTIM. An individual who is related in any of the |
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491 | | - | following ways to the person who commits an act of abuse: |
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492 | | - | a. Has a current or former marriage, including common |
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493 | | - | law marriage, with the defendant. |
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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 |
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525 | | - | regardless of whether they are currently residing or have in |
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526 | | - | the past resided together in the same household. |
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527 | | - | c. Has or had a dating relationship with the defendant. |
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528 | | - | A dating relationship does not include a casual or business |
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529 | | - | relationship or a relationship that ended more than 12 months |
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530 | | - | prior to the filing of the petition for a protection order. |
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531 | | - | d. Is a current or former household member. For |
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532 | | - | purposes of this chapter, a "household member " excludes |
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533 | | - | non-romantic or non-intimate co-residents. |
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534 | | - | e. A relative of a current or former household member |
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535 | | - | as defined in paragraph d. who also lived with the defendant. |
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536 | | - | f. An individual who is a parent, stepparent, child, or |
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537 | | - | stepchild. |
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538 | | - | g. An individual who is a grandparent, |
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539 | | - | step-grandparent, grandchild, or step-grandchild. " |
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540 | | - | Section 2. Although this bill would have as its purpose |
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541 | | - | or effect the requirement of a new or increased expenditure of |
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542 | | - | local funds, the bill is excluded from further requirements |
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543 | | - | and application under Section 111.05 of the Constitution of |
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544 | | - | Alabama of 2022, because the bill defines a new crime or |
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545 | | - | amends the definition of an existing crime. |
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546 | | - | Section 3. This act shall become effective on the first |
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547 | | - | day of the third month following its passage and approval by |
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548 | | - | the Governor, or its otherwise becoming law. |
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574 | | - | Page 11 |
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575 | | - | ________________________________________________ |
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576 | | - | Speaker of the House of Representatives |
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577 | | - | ________________________________________________ |
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578 | | - | President and Presiding Officer of the Senate |
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579 | | - | House of Representatives |
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580 | | - | I hereby certify that the within Act originated in and |
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581 | | - | was passed by the House 27-Apr-23, as amended. |
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582 | | - | John Treadwell |
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583 | | - | Clerk |
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584 | | - | Senate 31-May-23 Passed |
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