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
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 07, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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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 removedPlain-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.
* f HB76 ENROLLED L6QOYW-3 A C T #2023 - By Representative Simpson RFD:
07-Mar-23 2023 Regular Session Page 0 HB76 EEnrolled n rolled Enrolled, An AAct, ct, 3 5 Relating to crimes and offenses;
Sections 13A-6-130, 13A-6-13113A-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"§13A-6-130 (a)(a)(1) (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.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) step-child,For grandparent,the step-grandparent,purposes grandchild,of step-grandchild,this anysection, persona withhousehold whommember theexcludes defendantnon-romantic hasor anon-intimate childco-residents, inand common,Page a1 presentHB76 householdEnrolled member,a ordating arelationship personmeans whoa hascurrent or hadformer relationship of a datingromantic relationshipor withintimate nature characterized by the defendant.expectation of affectionate or sexual involvement by either party.
(2)(b) ForDomestic violence in the purposesfirst 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 section.subsection.
a(c) householdThe memberminimum excludesterm non-romanticof imprisonment imposed under subsection (b) shall be double without consideration of probation, parole, good time credits, or non-intimateany co-residents.reduction in time if either of the following occurs:
and(1) PageA 1defendant HB76willfully Enrolledviolates a datingprotection relationshiporder meansissued by a currentcourt or former relationship of acompetent romanticjurisdiction orand intimatein nature characterized by the expectationprocess of affectionateviolating orthe sexualorder involvementcommits bydomestic eitherviolence partyin .the first degree.
(b)(2) DomesticThe violenceoffense was committed in the firstpresence degreeof is a Classchild Aunder felony, except that the defendantage shallof serve14 ayears minimumat termthe time of imprisonmentthe ofoffense, onewho yearis withoutthe considerationvictim's ofchild probation,or parole,step-child, goodthe timedefendant's credits,child or anystep-child, otheror reductionwho inis timea forchild anyresiding secondin or subsequentvisiting convictionthe underhousehold thisof subsectionthe .victim or defendant.
(c)For Thepurposes minimumof termthis ofsubsection, imprisonment"in imposedthe underpresence subsectionof (b)a shallchild" bemeans doublethat withoutthe considerationchild ofwas probationin ,a parole,position goodto timesee credits.or hear the act.
or(d) anyThe reductioncourt inshall timemake ifa eitherwritten finding of fact, to be made part of the followingrecord occurs:upon conviction or adjudication, of whether or not the act was committed in the presence of a Page 2 HB76 Enrolled child.
(1)If Aa defendant willfullyhas violates a protectiontrial orderby issuedjury byand the jury finds the defendant guilty, the jury shall also render a courtspecial ofverdict competentas jurisdictionto andwhether or not the defendant committed the act in the processpresence of violatinga thechild." order"§13A-6-131 (a)(1) A person commits the crime of domestic violence in the firstsecond 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.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}(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 degreedegree. .
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 subsectionsubsection, , "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 childchild. .
the crime of reckless ! endangerment pursuant to Section 13A-6-24;
and the victim is a current or former spouse, parent, step-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 timetime. .
(f) For purposes of determining second, third, or subsequent number of convictions.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 EEnrolled nrolled by sstrangulation. tra n g u la tiI n .
(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 ISis a current or former spouse, parent, step-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.
Show all 82 changed lines (42 more)
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.’”law." "§30-5-2 In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwiseotherwise: :
Assault as defined under Sections 13A-6-20 to 13A-6-2213A-6-22, ,inclusive. inclusive .
Page 7 HB76 Enrolled I 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.
ee. .Criminal Coercion.
Criminal Coercion.
Criminal trespass as defined under Sections 13A-7-2 to 13A-7-4.1, inclusiveinclusive. .
Harassment as defined under Section 13A-11-813A-11-8. .
Kidnapping as defined under Sections 13A-6-43 and 13A-6-4413A-6-44. .
Menacing as defined under Section 13A-6-2313A-6-23. .
1.l.
Any sexual offenses included in Article 4, commencing with Section 13A-5-60,13A-6-60, of Chapter 6 of Title 13A.
Stalking as defined under Sections 13A-6-90 to 13A-6-94, inclusiveinclusive. .
) Theft.
Theft as defined under Sections 13A-8-1 to 13A-8-5, inclusiveinclusive. .
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 orderorder. .
Any word or action.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.marriage, including common law marriage, with the defendant.
including common law marriage.
with the defendant.
cc. .
For purposes of this chapter, a "household member" excludes non-romantic or non-intimate co-residentsco-residents. .
An individual who is a parent, stepparent.stepparent, child, or stepchild.
child,g. or stepchild .
gAn •An individual who is a grandparent, step-grandparent, grandchild, or step-grandchild." Section 2.
Page 10 HB76 Enrolled -Speaker-\)f-rhe--House--of,Representatives----________________________________________________ Speaker of the House of Representatives ________________________________________________ President and ^^sidingPresiding icerOfficer 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 SSenate en31-May-23 atePassed 31-MPage ay-2311 P assed APPROVED 4 - TIME ^GOVE! 'R ftlabarSecretaryOf State RetNum....:
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e 75
Show all 82 changed rows (42 more)
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Enrolled
Sponsors
- Matt Simpson · Primary
Sponsorship breakdown
Export CSV (upgrade) →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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 24 | 0 | 0 | 1 |
| D | 8 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 33 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Yea |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Not Voting |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 26 | 0 | 0 | 0 |
| Total | 102 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 26 | 0 | 0 | 0 |
| Total | 102 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (102)
Subjects
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?
- Track HB 76 free on One Click Politics — get push/email alerts when it moves.
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