HB76ENROLLED
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L6QOYW-3
By Representative Simpson
RFD: Judiciary
First Read: 07-Mar-23
2023 Regular Session
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Enrolled, An Act,
Relating to crimes and offenses; to amend Sections
13A-6-130, 13A-6-131, 13A-6-132, 13A-6-138, and 30-5-2, 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, 13A-6-138, and 30-5-2, 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.
(2) For the purposes of this section, a household
member excludes non-romantic or non-intimate co-residents, and
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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
be made part of the record upon conviction or adjudication, of
whether or not the act was committed in the presence of a
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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, 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.
(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,
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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
degree pursuant to Section 13A-6-22; the crime of menacing
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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, 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.
(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.
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(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."
"§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
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by strangulation.
(b) 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 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.
(c) Domestic violence by strangulation or suffocation
is a Class B felony punishable by law."
"§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 to 13A-7-43, inclusive.
b. Assault. Assault as defined under Sections 13A-6-20
to 13A-6-22, inclusive.
c. Attempt. Attempt as defined under Section 13A-4-2.
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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 to 13A-7-4.1, inclusive.
g. Harassment. Harassment as defined under Section
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 to 13A-6-94, inclusive.
n. Theft. Theft as defined under Sections 13A-8-1 to
13A-8-5, inclusive.
o. Unlawful Imprisonment. Unlawful imprisonment as
defined under Sections 13A-6-41 and 13A-6-42.
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(2) 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) 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.
(4) PLAINTIFF. An individual who has standing to file a
petition under Section 30-5-5.
(5) 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) 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.
(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
law marriage, with the defendant.
b. Has a child in common with the defendant regardless
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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 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.
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 27-Apr-23, as amended.
John Treadwell
Clerk
Senate 31-May-23 Passed
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