Alabama 2023 Regular Session Status: Enacted 1 R cosponsors

HB 76 — 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.

Last action — Enacted as 2023-494

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 07, 2023. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Crimes and offenses; amend the domestic violence statutes to include additional family members that can be victims

Bill Text

What changed in the latest version

91 added · 153 removed

Plain-language change summary

The recent amendment to Bill HB 76 expands the definition of who can be considered a victim of domestic violence by including grandparents. This change is significant because it recognizes the vulnerability of grandparents in domestic situations, ensuring they receive the same legal protections as other family members. By doing so, the bill aims to enhance the safety and support for more family members affected by domestic violence.

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* f HB76 ENROLLED L6QOYW-3 A C T #2023 - By Representative Simpson RFD:
HB76 ENROLLED L6QOYW-3 By Representative Simpson RFD:
07-Mar-23 2023 Regular Session Page 0 HB76 E n rolled Enrolled, An A ct, 3 5 Relating to crimes and offenses;
07-Mar-23 2023 Regular Session Page 0 HB76 Enrolled Enrolled, An Act, 3 5 Relating to crimes and offenses;
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:
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;
"§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;
or burglary in the first degree pursuant to Section 13A-7-5 and the victim is a current or former spouse, parent, step-parent.
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.
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 Page 1 HB76 Enrolled 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.
(2) For the purposes of this section.
(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.
a household member excludes non-romantic or non-intimate co-residents.
(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:
and Page 1 HB76 Enrolled 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 .
(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.
(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 .
(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.
(c) The minimum term of imprisonment imposed under subsection (b) shall be double without consideration of probation , parole, good time credits.
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.
or any reduction in time if either of the following occurs:
(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 Page 2 HB76 Enrolled child.
(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 .
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;
(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 Page 2 HB76 Enrolled 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) (!) 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;
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.
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.
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 .
{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 .
(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.
95 (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.
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 .
(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.
the crime of reckless ! endangerment pursuant to Section 13A-6-24;
the crime of reckless endangerment pursuant to Section 13A-6-24;
and the victim is a current or former spouse, parent, step-parent.
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.
child.
(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.
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.
Page 5 HB76 Enrolled (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 .
Page 5 HB76 Enrolled (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.
(f) For purposes of determining second, third, or subsequent number of convictions.
(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:
convictions in municipal court shall be included." "§13A-6-138 (a) For the purposes of this section, the following terms have the following meanings:
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 Page 6 HB76 E nrolled by s tra n g u la tiI n .
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 Page 6 HB76 Enrolled 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.
(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.
child, step-child, grandparent , step-grandparent, grandchild, step-grandchild.
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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.
(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 :
(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:
Assault as defined under Sections 13A-6-20 to 13A-6-22 , inclusive .
Assault as defined under Sections 13A-6-20 to 13A-6-22, inclusive.
Page 7 HB76 Enrolled I d.
Page 7 HB76 Enrolled d.
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.
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.
e.
Criminal Coercion.
Criminal trespass as defined under Sections 13A-7-2 to 13A-7-4.1, inclusive .
Criminal trespass as defined under Sections 13A-7-2 to 13A-7-4.1, inclusive.
Harassment as defined under Section 13A-11-8 .
Harassment as defined under Section 13A-11-8.
Kidnapping as defined under Sections 13A-6-43 and 13A-6-44 .
Kidnapping as defined under Sections 13A-6-43 and 13A-6-44.
Menacing as defined under Section 13A-6-23 .
Menacing as defined under Section 13A-6-23.
1.
l.
Any sexual offenses included in Article 4, commencing with Section 13A-5-60, of Chapter 6 of Title 13A.
Any sexual offenses included in Article 4, commencing with Section 13A-6-60, of Chapter 6 of Title 13A.
Stalking as defined under Sections 13A-6-90 to 13A-6-94, inclusive .
Stalking as defined under Sections 13A-6-90 to 13A-6-94, inclusive.
) Theft.
Theft.
Theft as defined under Sections 13A-8-1 to 13A-8-5, inclusive .
Theft as defined under Sections 13A-8-1 to 13A-8-5, inclusive.
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 .
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.
Any word or action.
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.
expressed or implied.
made to cause the plaintiff to fear for his or her'safety or for the safety of another person.
Has a current or former marriage.
Has a current or former marriage, including common law marriage, with the defendant.
including common law marriage.
with the defendant.
c .
c.
For purposes of this chapter, a "household member" excludes non-romantic or non-intimate co-residents .
For purposes of this chapter, a "household member" excludes non-romantic or non-intimate co-residents.
An individual who is a parent, stepparent.
An individual who is a parent, stepparent, child, or stepchild.
child, or stepchild .
g.
g •An individual who is a grandparent, step-grandparent, grandchild, or step-grandchild." Section 2.
An individual who is a grandparent, step-grandparent, grandchild, or step-grandchild." Section 2.
Page 10 HB76 Enrolled -Speaker-\)f-rhe--House--of,Representatives---- President and ^^siding icer 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.
Page 10 HB76 Enrolled ________________________________________________ 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 S en ate 31-M ay-23 P assed APPROVED 4 - TIME ^GOVE! 'R ftlabarSecretaryOf State RetNum....:
John Treadwell Clerk Senate 31-May-23 Passed Page 11
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e 75
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Amendments

2 amendments

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Action History

  1. Enrolled

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 139 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (139)

139 members have not signed on to this bill.

Show all 139 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 34 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
R 24001
D 8000
Unaffiliated 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)

Official roll call →

Passed 105 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
R 71000
D 26000
Total 102000
% of votes cast 100%0%0%0%
How each member voted (102)
Member Party Vote
Wood (D) — Yea
Corey Harbison — Yea
Cynthia Almond — Yea
John W. Rogers — Yea
Randall Shedd — Yea
Adline Clarke D Yea
Anthony Daniels D Yea
Artis 'A.J.' McCampbell D Yea
Barbara Boyd D Yea
Barbara Drummond D Yea
Berry Forte D Yea
Chris England D Yea
Curtis Travis D Yea
Jeremy Gray D Yea
Juandalynn Givan D Yea
Kelvin Lawrence D Yea
Kenyatté Hassell D Yea
Laura Hall D Yea
M. Moore D Yea
Napoleon Bracy D Yea
Neil Rafferty D Yea
Ontario Tillman D Yea
Patrice McClammy D Yea
Patrick Sellers D Yea
Pebblin W. Warren D Yea
Phillip Ensler D Yea
Prince Chestnut D Yea
Rolanda Hollis D Yea
Sam Jones D Yea
TaShina Morris D Yea
Thomas Jackson D Yea
Alan Baker R Yea
Allen Treadaway R Yea
Andy Whitt R Yea
Arnold Mooney R Yea
Ben Harrison R Yea
Ben Robbins R Yea
Bill Lamb R Yea
Bob Fincher R Yea
Brett Easterbrook R Yea
Chad Robertson R Yea
Chip Brown R Yea
Chris Blackshear R Yea
Chris Pringle R Yea
Chris Sells R Yea
Corley Ellis R Yea
Craig Lipscomb R Yea
Danny Crawford R Yea
Danny Garrett R Yea
David Faulkner R Yea
David Standridge R Yea
Donna Givens R Yea
Ed Oliver R Yea
Ernie Yarbrough R Yea
Frances Holk-Jones R Yea
Ginny Shaver R Yea
Ivan Smith R Yea
James Lomax R Yea
Jamie Kiel R Yea
Jeff Sorrells R Yea
Jennifer Fidler R Yea
Jerry Starnes R Yea
Jim Carns R Yea
Jim Hill R Yea
Joe Lovvorn R Yea
Kenneth Paschal R Yea
Kerry (Bubba) Underwood R Yea
Leigh Hulsey R Yea
Mack Butler R Yea
Marcus Paramore R Yea
Margie Wilcox R Yea
Mark Gidley R Yea
Mark Shirey R Yea
Matt Simpson R Yea
Matt Woods R Yea
Matthew Hammett R Yea
Mike Kirkland R Yea
Mike Shaw R Yea
Nathaniel Ledbetter R Yea
Parker Moore R Yea
Paul W. Lee R Yea
Phillip Pettus R Yea
Phillip Rigsby R Yea
Randy Wood R Yea
Reed Ingram R Yea
Rex Reynolds R Yea
Rhett Marques R Yea
Rick Rehm R Yea
Ritchie Whorton R Yea
Ron Bolton R Yea
Russell Bedsole R Yea
Scott Stadthagen R Yea
Shane Stringer R Yea
Steve Clouse R Yea
Steve Hurst R Yea
Susan DuBose R Yea
Terri Collins R Yea
Tim Wadsworth R Yea
Tracy Estes R Yea
Troy Stubbs R Yea
Wes Kitchens R Yea
William Brock Colvin R Yea

Official roll call →

Passed 105 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
R 71000
D 26000
Total 102000
% of votes cast 100%0%0%0%
How each member voted (102)
Member Party Vote
Wood (D) — Yea
Corey Harbison — Yea
Cynthia Almond — Yea
John W. Rogers — Yea
Randall Shedd — Yea
Adline Clarke D Yea
Anthony Daniels D Yea
Artis 'A.J.' McCampbell D Yea
Barbara Boyd D Yea
Barbara Drummond D Yea
Berry Forte D Yea
Chris England D Yea
Curtis Travis D Yea
Jeremy Gray D Yea
Juandalynn Givan D Yea
Kelvin Lawrence D Yea
Kenyatté Hassell D Yea
Laura Hall D Yea
M. Moore D Yea
Napoleon Bracy D Yea
Neil Rafferty D Yea
Ontario Tillman D Yea
Patrice McClammy D Yea
Patrick Sellers D Yea
Pebblin W. Warren D Yea
Phillip Ensler D Yea
Prince Chestnut D Yea
Rolanda Hollis D Yea
Sam Jones D Yea
TaShina Morris D Yea
Thomas Jackson D Yea
Alan Baker R Yea
Allen Treadaway R Yea
Andy Whitt R Yea
Arnold Mooney R Yea
Ben Harrison R Yea
Ben Robbins R Yea
Bill Lamb R Yea
Bob Fincher R Yea
Brett Easterbrook R Yea
Chad Robertson R Yea
Chip Brown R Yea
Chris Blackshear R Yea
Chris Pringle R Yea
Chris Sells R Yea
Corley Ellis R Yea
Craig Lipscomb R Yea
Danny Crawford R Yea
Danny Garrett R Yea
David Faulkner R Yea
David Standridge R Yea
Donna Givens R Yea
Ed Oliver R Yea
Ernie Yarbrough R Yea
Frances Holk-Jones R Yea
Ginny Shaver R Yea
Ivan Smith R Yea
James Lomax R Yea
Jamie Kiel R Yea
Jeff Sorrells R Yea
Jennifer Fidler R Yea
Jerry Starnes R Yea
Jim Carns R Yea
Jim Hill R Yea
Joe Lovvorn R Yea
Kenneth Paschal R Yea
Kerry (Bubba) Underwood R Yea
Leigh Hulsey R Yea
Mack Butler R Yea
Marcus Paramore R Yea
Margie Wilcox R Yea
Mark Gidley R Yea
Mark Shirey R Yea
Matt Simpson R Yea
Matt Woods R Yea
Matthew Hammett R Yea
Mike Kirkland R Yea
Mike Shaw R Yea
Nathaniel Ledbetter R Yea
Parker Moore R Yea
Paul W. Lee R Yea
Phillip Pettus R Yea
Phillip Rigsby R Yea
Randy Wood R Yea
Reed Ingram R Yea
Rex Reynolds R Yea
Rhett Marques R Yea
Rick Rehm R Yea
Ritchie Whorton R Yea
Ron Bolton R Yea
Russell Bedsole R Yea
Scott Stadthagen R Yea
Shane Stringer R Yea
Steve Clouse R Yea
Steve Hurst R Yea
Susan DuBose R Yea
Terri Collins R Yea
Tim Wadsworth R Yea
Tracy Estes R Yea
Troy Stubbs R Yea
Wes Kitchens R Yea
William Brock Colvin R Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 76 do?
Crimes and offenses; amend the domestic violence statutes to include additional family members that can be victims
Who sponsors HB 76?
HB 76 is sponsored by Matt Simpson (R).
What is the current status of HB 76?
This bill has been enacted into law. Introduced March 07, 2023. Enacted.
Where can I track HB 76?
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