SB276 By Senators Scofield, Marsh, Bussman, Williams, Ward, Waggoner, Hightower, Allen, Melson, Holley, Dial, Whatley, Stutts, McClendon, Livingston, Glover, Brewbaker, Shelnutt, Albritton, Smith, Dunn, Figures, Coleman, Beasley, Ross, Smitherman, Chambliss, Orr, Pittman and Holtzclaw RFD Judiciary Rd 1 18-MAR-15

SYNOPSIS: Under existing law, the commission of domestic violence is a crime, and there are provisions to protect the victim from further acts of domestic violence.

This bill would provide greater protection and assistance to victims of domestic violence.

This bill would provide consistency to the definition of domestic violence throughout the code.

This bill would clarify the definition of dating relationship as it relates to domestic violence.

This bill would strengthen the provisions relating to domestic violence protection orders and require better communication among law enforcement to ensure protection of a victim when a protection order is issued.

This bill would require more assistance by law enforcement officers to victims of domestic violence when responding to incidents of domestic violence.

This bill would transfer the responsibility of certifying and monitoring domestic violence shelters from the Office of Prosecution Services to the Department of Economic and Community Affairs.

This bill would create a Domestic Violence Trust Fund administered by the Department of Economic and Community Affairs to fund domestic violence centers in the state.

This bill would strengthen the requirements for reporting incidents of domestic violence throughout the state.

This bill would establish a certified domestic violence center capital improvement grant program under the Department of Economic and Community Affairs.

This bill would provide that the Director of the Department of Economic and Community Affairs, or his or her designee, would oversee the application process and would provide for the information to be included in the application.

This bill would provide for the purposes for which the grant funds can be used and would require the director to conduct an annual needs assessment, developed in coordination with the Alabama Coalition Against Domestic Violence, to determine the certified domestic violence centers most in need of the grant funds.

This bill would require the director to ensure that the grant funds awarded under this act are being used in accordance with the purposes specified by this act.

This bill would ensure confidentiality to a certified domestic violence center involved in the grant process and would provide for a limit on the amount of grant funds to be awarded.

A BILL TO BE ENTITLED AN ACT

Relating to domestic violence; to amend Sections 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-140 to 13A-6-143, inclusive, 15-10-3, 15-13-190, 15-23-62, 15-23-68, 30-5-1, 30-5-2, 30-5-3, 30-5-5 to 30-5-8, inclusive, 30-6-1 to 30-6-11, inclusive, 30-6-13, 30-7-1 to 30-7-6, inclusive, 30-9-1, 30-9-2, and 41-9-621, Code of Alabama 1975; to add Article 9 (commencing with Section 41-23-150) to Chapter 23 of Title 41 of the Code of Alabama 1975; to provide greater protection and assistance to victims of domestic violence; to provide consistency to the definition of domestic violence throughout the code; to clarify the definition of dating relationship as it relates to domestic violence; to strengthen the provisions relating to domestic violence protection orders and require better communication among law enforcement to ensure protection of a victim when a protection order is issued; to require more assistance by law enforcement officers to victims of domestic violence when responding to incidents of domestic violence; to transfer the responsibility of certifying and monitoring domestic violence shelters from the Office of Prosecution Services to the Department of Economic and Community Affairs; to create a Domestic Violence Trust Fund administered by the Department of Economic and Community Affairs to fund domestic violence centers in the state; to strengthen the requirements for reporting incidents of domestic violence throughout the state; to establish a certified domestic violence center capital improvement grant program under the Department of Economic and Community Affairs; to provide that the Director of the Department of Economic and Community Affairs would oversee the grant application process; to provide that the director in coordination with the Alabama Coalition Against Domestic Violence would develop and conduct a needs assessment; to require the director to ensure grant funds are being used accordingly; to ensure confidentiality to a certified domestic violence center in the grant process; and to provide a limit on the amount of grant funds to be awarded.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-140 to 13A-6-143, inclusive, 15-10-3, 15-13-190, 15-23-62, 15-23-68, 30-5-1, 30-5-2, 30-5-3, 30-5-5 to 30-5-8, inclusive, 30-6-1 to 30-6-11, inclusive, 30-6-13, 30-7-1 to 30-7-6, inclusive, 30-9-1, 30-9-2, and 41-9-621, Code of Alabama 1975, are amended to read as follows:

§13A-6-130.

"(a) 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 aggravated stalking pursuant to Section 13A-6-91, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant as defined in Section 30-5-2. 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.

"(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any 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 first degree.

§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; 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, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant as defined in Section 30-5-2. 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, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection.

"(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any 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 second degree.

§13A-6-132.

"(a) 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 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, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant as defined in Section 30-5-2. Domestic violence in the third degree is a Class A misdemeanor.

"(b) 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.

"(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) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.

§13A-6-134.

"(a) If a law enforcement officer receives complaints of domestic violence from two or more opposing persons, or if both parties have injuries, the officer shall evaluate each complaint separately to determine who was the predominant aggressor. If the officer determines that one person was the predominant physical aggressor, the officer need not arrest the other person alleged to have committed domestic violence arrest is not the preferred response with respect to a person who acts in a reasonable manner to protect or defend himself or herself or another family or household member from domestic violence. In determining whether a person is the predominant aggressor the officer shall consider all of the following:

"(1) Prior complaints of domestic violence.

"(2) The relative severity of the injuries inflicted on each person, including whether the injuries are offensive versus defensive in nature.

"(3) The likelihood of future injury to each person Whether the plaintiff had reasonable cause to believe he or she was in imminent danger of becoming a victim of any act of domestic violence.

"(4) Whether one of the persons acted in self-defense.

"(b) A law enforcement officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage the request for intervention by law enforcement by any party or base the decision to arrest or not to arrest on either of the following:

"(1) The specific consent or request of the victim.

"(2) The officer's perception of the willingness of a victim of or witness to the domestic violence to testify or otherwise participate in a judicial proceeding.

§13A-6-138.

"(a) For the purposes of this section, the following terms have the following meanings:

"(1) QUALIFIED RELATIONSHIP. The victim is a spouse, former spouse, parent, stepparent, child, stepchild, or a person with whom the defendant has a child in common, or with whom the defendant has or had a dating or engagement relationship within 10 months preceding this event.

"(2) (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.

"(3) (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 by strangulation as defined in this section.

"(b) A person commits the crime of domestic violence by strangulation or suffocation if the person 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 against a person with whom the defendant has a qualified relationship victim of domestic violence, as the terms are defined in Section 30-5-2.

"(c) Domestic violence by strangulation or suffocation is a Class B felony punishable as provided by law.

§13A-6-140.

"(a) This article shall be known as the Domestic Violence Protection Order Enforcement Act.

"(b) The purpose of this article is to define the crime of violation of a domestic violence protection order.

§13A-6-141.

"As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

"(1) DOMESTIC VIOLENCE ORDER. A domestic violence protection order is any protection order issued pursuant to the Protection from Abuse Domestic Violence Act, Sections 30-5-1 to 30-5-11, inclusive. The term includes the following:

"a. A restraining order, injunctive order, or order of release from custody which has been issued in a circuit, district, municipal, or juvenile court in a domestic relations or family violence case;

"b. an An order issued by municipal, district, or circuit court which places conditions on the pre-trial release on defendants in criminal cases, including provisions of bail pursuant to Section 15-13-190;

"c. an An order issued by another state or territory which may be enforced under Sections 30-5B-1 through 30-5B-10. Restraining or protection orders not issued pursuant to the Protection From Abuse Domestic Violence Act, Sections 30-5-1 to 30-5-11, inclusive, must specify that a history of violence or abuse exists for the provisions of this chapter to apply.

"(2) VIOLATION. The knowing commission of any act prohibited by a domestic violence order or any willful failure to abide by its terms.

§13A-6-142.

"(a) A violation of a domestic violence protection order, is a Class A misdemeanor which shall be punishable as provided by law.

"(b) A second conviction for violation of a domestic violence protection order, in addition to any other penalty or fine, shall be punishable by a minimum of 30 days imprisonment which may not be suspended. A third or subsequent conviction shall, in addition to any other penalty or fine, be punishable by a minimum sentence of 120 days imprisonment which may not be suspended.

§13A-6-143.

"A law enforcement officer may arrest any person for the violation of this article if the officer has probable cause to believe that the person has violated any provision of a valid domestic violence protection order, whether temporary or permanent. The presentation of a domestic violence protection order constitutes probable cause for an officer to believe that a valid order exists. For purposes of this article, the domestic violence protection order may be inscribed on a tangible copy or may be stored in an electronic or other medium if it is retrievable in a detectable form. Presentation of a certified copy of the domestic violence protection order is not required for enforcement or to allow a law enforcement officer to effect a warrantless arrest. If a domestic violence protection order is not presented to or otherwise confirmed by a law enforcement officer, the officer may consider other information in determining whether there is probable cause to believe that a valid domestic violence protection order exists. The law enforcement officer may arrest the defendant without a warrant although he or she did not personally see the violation. Knowledge by the officer of the existence or contents of, or both, or presentation to the officer by the complainant of, a domestic violence protection order shall constitute prima facie evidence of the validity of the order.

"If a law enforcement officer of this state determines that an otherwise valid domestic violence protection order cannot be enforced because the defendant has not been notified or served with the domestic violence protection order, the law enforcement officer shall inform the defendant of the order and allow the person a reasonable opportunity to comply with the order's provisions before enforcing the order. In the event the law enforcement officer provides notice of the domestic violence protection order to the defendant, the officer shall document this fact in the written report.

§15-10-3.

"(a) An officer may arrest a person without a warrant, on any day and at any time in any of the following instances:

"(1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer.

"(2) When a felony has been committed, though not in the presence of the officer, by the person arrested.

"(3) When a felony has been committed and the officer has reasonable cause to believe that the person arrested committed the felony.

"(4) When the officer has reasonable cause to believe that the person arrested has committed a felony, although it may afterwards appear that a felony had not in fact been committed.

"(5) When a charge has been made, upon reasonable cause, that the person arrested has committed a felony.

"(6) When the officer has actual knowledge that a warrant for the person's arrest for the commission of a felony or misdemeanor has been issued, provided the warrant was issued in accordance with this chapter. However, upon request the officer shall show the warrant to the arrested person as soon as possible. If the officer does not have the warrant in his or her possession at the time of arrest the officer shall inform the defendant of the offense charged and of the fact that a warrant has been issued.

"(7) When the officer has reasonable cause to believe that a felony or misdemeanor has been committed by the person arrested in violation of a protection order issued by a court of competent jurisdiction.

"(8) When an offense involves domestic violence as defined by this section in Section 30-5-2, and the arrest is based on probable cause, regardless of whether the offense is a felony or misdemeanor.

"(b) For the purpose of this section, the following terms have the following meanings:

"(1) ABUSE. Any offense under Sections 13A-6-60 to 13A-6-70, inclusive, or under Sections 26-15-1 to 26-15-4, inclusive.

"(2) ASSAULT. Any offense under Sections 13A-6-20 to 13A-6-25, inclusive.

"(3) FAMILY, HOUSEHOLD, OR DATING RELATIONSHIP MEMBERS. Includes a spouse, former spouse, parent, child, or any other person related by marriage or common law marriage, a person with whom the victim has a child in common, a present or former household member, or a person who has or had a dating relationship.

(4) DOMESTIC VIOLENCE. Any incident resulting in the abuse, assault, harassment, or the attempt or threats thereof, between family, household, or dating or engagement relationship members.

"(5) HARASSMENT. Any offense under Section 13A-11-8.

"(c) (b) When a law enforcement officer investigates an allegation of domestic violence, whether or not an arrest is made, the officer shall make a written report of the alleged incident, including a statement of the complaint, and the disposition of the case.

§15-13-190.

"(a) A person arrested for an offense involving domestic violence as defined in subdivisions (1) through (4) of subsection (b) of Section 15-10-3 Section 30-5-2, who strikes, shoves, kicks, or otherwise touches a person victim or subject subjects him or her to physical contact, or is charged with a violation of a protection order, may not be admitted to bail until after an appearance before a judge or magistrate within 12 hours of the arrest, and if the person is not taken before a judge or magistrate within 12 hours 48 hours of the arrest, and if the person is not taken before a judge or magistrate within 48 hours of the arrest, he or she shall be released on bail. Prior to the release of the person, the judge or magistrate shall review the facts of the arrest to determine whether the person is a threat to the alleged victim, is a threat to public safety, and is reasonably likely to appear in court.

"(b) The judge or magistrate shall make findings on the record concerning those determinations and may impose conditions of release or bail on the person to protect the alleged victim of domestic violence or the person protected by a protection order, and to ensure the appearance of the person at a subsequent court proceeding. The conditions may include, but need not be limited to, enjoining the person from threatening to commit or committing acts of domestic violence against the alleged victim; prohibiting the person from telephoning, contacting, or otherwise communicating with the alleged victim with the intent to harass, either directly or indirectly; ordering the person to stay away from the home of the alleged victim, when the person and alleged victim are not residents of the same home, and ordering the person to stay away from any other location where the alleged victim is likely to be restraining and enjoining the defendant from contacting the victim, as described in Section 30-5-7; prohibiting the person from possessing a firearm or other weapon specified by the court, except when such weapon is necessary for employment as a peace officer or military personnel; and issuing any other order or modification of orders above required to protect the safety of the alleged victim or to ensure the appearance of the person in court.

"(c) If conditions of release are imposed, the judge or magistrate shall issue a written order for conditional release, immediately distribute a copy of the order to the law enforcement agency having custody of the arrested or charged person, place information pertaining to the order in the domestic violence protection order registry, and provide the law enforcement agency with any available information concerning the location of the alleged victim in a manner that protects the safety of the victim. Law enforcement shall provide a copy of the written order to the victim within 24 hours of receipt, in accordance with the process outlined in Section 30-5-8.

"(d) In cases where the defendant has been placed on or granted probation, conditional release, or bail pursuant to Section 15-13-190 and is arrested on a probation violation warrant, a violation of written condition of release pursuant to Section 15-13-190, or a violation of a protection order, the court shall consider revocation of probation, conditional release, or bail. Should the court order continued probation, conditional release, or bail, the court shall order additional conditions imposed on the defendant to provide protection to the victim of domestic violence or the person protected by a protection order. Additional conditions shall be included in a written order.

§15-23-62.

"(a) Within 72 hours, unless the victim is unavailable or incapacitated as a result of the crime, after the initial contact between a victim of a reported crime and the law enforcement agency either responding to the report of the crime of the victim or another person, or having responsibility for investigating the crime, the law enforcement agency shall provide to the victim in a manner and form designed and produced for the appropriate governmental agency or office, the following information:

"(1) The availability of emergency and crisis services.

"(2) The availability of victims' compensation benefits and the name, address, and telephone number of the Alabama Crime Victims Compensation Commission.

"(3) The name of the law enforcement officer and telephone number of the law enforcement agency with the following statement attached: "If within 60 days you are not notified of an arrest in your case, you may call the telephone number of the law enforcement agency for the status of the case."

"(4) The procedural steps involved in a criminal prosecution.

"(5) The rights authorized by the Alabama Constitution on rights of victims, including a form to invoke these rights.

"(6) The existence and eligibility requirements of restitution and compensation pursuant to Section 15-18-65 et seq. and Section 15-23-1 et seq.

"(7) A recommended procedure if the victim is subjected to threats or intimidation.

"(8) The name and telephone number of the office of the prosecuting attorney to contact for further information.

"(b) In addition to the information a law enforcement officer is required to provide pursuant to subsection (a), he or she shall also provide a victim of domestic violence, as defined in Section 30-5-2, immediate notice of the information required under Section 30-6-9.

§15-23-68.

"The court shall provide a waiting area for the victim separate from the defendant, relatives of the defendant, and defense witnesses, if an area is available and the use of the area is practical. If a separate waiting area is not available, or its use impractical, the court shall minimize contact of the victim with the defendant, relatives of the defendant, and defense witnesses during court proceedings. For victims of domestic violence, as defined in Section 30-5-2, if a separate waiting area is not available, the court shall consider creating and enforcing procedures so that the defendant has no contact with the victim.

§30-5-1.

"(a) This chapter shall be known as and may be cited as the Protection From Abuse Domestic Violence Act.

"(b) This chapter shall be liberally construed and applied to promote all of the following purposes:

"(1) To assure victims of domestic violence the maximum protection from abuse domestic violence that the law can provide.

"(2) To create a flexible and speedy remedy to discourage violence and harassment against family members or others with whom the perpetrator has continuing contact.

"(3) To expand the ability of law enforcement officers to assist victims, to enforce the law effectively in cases of domestic violence, and to prevent further incidents of abuse domestic violence.

"(4) To facilitate equal enforcement of criminal law by deterring and punishing violence against family members and others who are personally involved with the perpetrators.

"(5) To recognize that domestic violence is a crime that will not be excused or tolerated.

"(6) To provide for protection orders to prevent domestic violence and provide for court jurisdiction and venue; to provide for court hearing for petitions for relief; and to provide for the contents and the issuance of protection orders.

§30-5-2.

"In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:

"(1) COURT. A circuit court judge or, when the circuit court judge is unavailable, a district court judge. A district court judge may be designated by a written standing order from the presiding circuit court judge to handle protection from abuse cases.

"(2) DATING RELATIONSHIP. A significant relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement over a period of time and on a continuing basis during the course of the relationship. A dating relationship does not include a casual or business relationship.

"(1) (3) ABUSE. The occurrence of conduct directed at a plaintiff as defined by this chapter, including the following DOMESTIC VIOLENCE. Any of the following acts committed against a victim:

"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. With the intent to commit any crime under this section or any other criminal act under the laws of this state, performing any overt act towards the commission of the offense.

"d. Child abuse. Abusing children as defined under 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. Entering or remaining in the dwelling or on the premises of another after having been warned not to do so either orally or in writing by the owner of the premises or other authorized person 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. Knowingly obtaining or exerting unauthorized control or obtaining control by deception over property owned by or jointly owned by the plaintiff and another. Theft includes 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.

"(2) ADULT. Any person 19 years of age or older, or who otherwise is emancipated.

"(3) CHILD. A person 18 years of age or younger.

"(4) COURT. A circuit court judge or, when the circuit court judge is unavailable, a district court judge. A district court judge may be designated by a written standing order from the presiding circuit court judge to handle protection from abuse cases.

"(5) (4) PLAINTIFF. For the purposes of this chapter, the term plaintiff is a person who is 18 years of age or older, is or has been married, or is emancipated, and has one of the following relationships: Either of the following in need of protection from domestic violence:

"a. A person who is at least 19 years old or is otherwise emancipated and is the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of domestic violence; or

b. Any other person with legal standing to seek a protection order, as provided in Section 30-5-5.

"(5) PROTECTION ORDER. Any order of protection issued under this chapter for the purpose of preventing acts of domestic violence.

"(6) REPEAT VIOLENCE. Two or more incidents of domestic violence against a victim or the victim's immediate family member, one of which must have occurred within six months of the filing of the petition for a protection order.

"(7) THREAT. Any word or action, expressed or implied, made to cause the victim to fear for his or her safety or for the safety of another person.

"(8) VICTIM. A victim who is related to the person who commits an act of domestic violence in any of the following ways:

"a. Related Is related by marriage to the defendant, including a common law marriage.

"b. Had a former marriage or common law marriage with the defendant.

"c. Has a child in common with the defendant regardless 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.

"d. Has or had a dating relationship with the defendant. A dating relationship means a recent frequent, intimate association, primarily characterized by the expectation of affectionate or sexual involvement within the last six months. A dating relationship does not include a casual or business relationship.

"e. Is a current or former household member. A household member is a person maintaining or having maintained a living arrangement with the defendant where he or she is in, or was engaged in, a romantic or sexual relationship.

§30-5-3.

"(a) It is the intent of the Legislature, with respect to domestic violence cases, that at the first appearance the court shall consider the safety of the victim, the victim's children, and any other person who may be in danger if the defendant is released, and exercise caution in releasing defendants.

"(b) It is the intent of the Legislature, with respect to protection orders against domestic violence issued pursuant to this chapter, that the court shall:

"(1) Recognize that the plaintiff's safety may require immediate removal of the defendant from the joint residence and that there can be inherent danger in permitting the defendant's partial or periodic access to the residence.

"(2) Ensure that the parties have a clear understanding of the terms of the protection order, the penalties for failure to comply, that the parties may not amend the order verbally or in writing without court approval, and that the parties may not mutually amend the protection order.

"(3) Ensure that the parties have knowledge of legal rights and remedies, including, but not limited to, visitation, child support, retrieving property, counseling, and enforcement or modification of the protection order.

"(4) Consider temporary child custody support when the pleadings raise the issue and in the absence of other support orders.

"(5) Consider supervised visitation, withholding visitation, or other arrangements for visitation that will best protect the child and plaintiff from harm.

"(6) Enforce, through a civil or criminal contempt proceeding, a violation of a protection order against domestic violence.

"(7) Consider requiring the defendant to complete a batterers' intervention program. Any such program shall meet the requirements specified in Section 30-7-6.

"(c) The courts, as provided in this chapter, shall have jurisdiction to issue protection orders.

"(b) A protection order may be requested in any pending civil or domestic relations action, as an independent civil action, or in conjunction with the preliminary, final, or post-judgment relief in a civil action. No person shall be precluded from seeking relief pursuant to this chapter solely on the basis that the person is not a spouse of the defendant or is not the victim in need of protection from domestic violence.

"(c) (d) A petition for a protection order may be filed in any of the following locations:

"(1) Where the plaintiff or defendant currently or temporarily resides.

"(2) Where the plaintiff is temporarily located if he or she has left his or her residence to avoid further abuse domestic violence occurred.

"(3) Where a civil matter is pending before the court in which the plaintiff and the defendant are opposing parties.

"(d) (e) When custody, visitation, or support, or a combination of them, of a child or children has been established in a previous court order in this state, or an action containing any of the issues above is pending in a court in this state in which the plaintiff and the defendant are opposing parties, a copy of any temporary ex parte protection order issued pursuant to this chapter and the case giving rise thereto should be transferred to the court of original venue for further disposition as soon as practical taking into account the safety of the plaintiff and any children.

"(e) (f) A minimum period of residency of a plaintiff is not required to petition the court for an order of protection.

§30-5-5.

"(a) The following persons have standing to file a sworn petition for a protection order under this chapter:

"(1) A person who is at least 19 years old or is otherwise emancipated and is the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.

"(2) For cases of repeat violence or where the defendant and victim are in a dating relationship, a family member, household member, or legal guardian may petition for relief on behalf of a child or other minor living in the household.

"(3) A parent, legal guardian, legal custodian, or the State Department of Human Resources may petition for relief on behalf of the following:

"(1) (4) A minor child.

"(2) (5) Any person prevented by physical or mental incapacity from seeking a protection order.

"(b) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit clerks' offices around the state. The circuit clerk shall not be required to provide assistance to persons in completing the forms or in presenting their case to the court.

"(c) A sworn petition shall allege the incidents of domestic violence, the specific facts and circumstances that form the basis upon which relief is sought, and that the plaintiff genuinely fears repeated acts of domestic violence. With respect to a minor child who is living at home, the parent or legal guardian seeking the protective order on behalf of the child shall:

"(1) Have been an eyewitness to, or have direct physical evidence or affidavits from eyewitnesses of, the specific facts and circumstances that form the basis upon which relief is sought, if the party against whom the protection order is sought is also a parent, stepparent, or legal guardian of the minor child; or

"(2) Have a reasonable cause to believe that the minor child is a victim of domestic violence to form the basis upon which relief is sought, if the party against whom the protection order is sought is a person other than a parent, stepparent, or legal guardian of a minor child.

"(c) (d) The court shall not enter mutual orders. The court shall issue separate orders that specifically and independently state the prohibited behavior and relief granted in order to protect the victim and the victim's immediate family and to clearly provide law enforcement with sufficient direction when determining if a violation of the order has occurred directives. For the purpose of judicial economy, a court may consolidate two separately filed petitions into a single case.

"(d) (e) Any plaintiff or petitioner who files a petition under this chapter may do so through an attorney or may represent himself or herself pro se throughout the legal process outlined in this chapter, including, but not limited to, the filing of pleadings, motions, and any other legal documents with any court, and the appearance in ex parte and formal court proceedings on his or her behalf.

"(e) (f) (1) The following information shall not be contained on any court document made available to the public and the defendant by the circuit clerk's office: The plaintiff's home address and, if applicable, business address; a plaintiff's home telephone number and, if applicable, business telephone number; the home or business address or telephone number of any member of the plaintiff's family or household; or an address that would reveal the confidential location of a shelter for victims of domestic violence as defined in Section 30-6-1.

"(2) If disclosure of the plaintiff's address, the address of any member of the plaintiff's family or household, or an address that would reveal the confidential location of a shelter for victims of domestic violence is necessary to determine jurisdiction or to consider a venue issue, it shall be made orally and in camera.

"(3) If the plaintiff has not disclosed an address or telephone number under this section the plaintiff shall satisfy one of the following requirements:

"a. Designate and provide to the court an alternative address.

"b. Elect to substitute the business address and telephone number of his or her attorney of record in place of the address of the plaintiff on any court document.

"(f) (g) No court costs and fees shall be assessed for the filing and service of a petition for a protection order, for the issuance or registration of a protection order, or for the issuance of a witness subpoena under this chapter. Costs and fees may be assessed against the defendant at the discretion of the court.

§30-5-6.

"(a) The court shall hold a hearing after the filing of a petition under this chapter upon the request of the defendant or within 10 days of the perfection of service. The defendant shall be personally served with a copy of the petition, the notice of hearing, and any temporary protection orders, prior to the hearing. A final hearing shall be set at which the standard of proof shall be a preponderance of the evidence. If the defendant has not been served, a final hearing may be continued to allow for service to be perfected.

"(b) The court may enter such temporary ex parte protection orders as it deems necessary to protect the plaintiff victim or children from abuse domestic violence, or the immediate and present danger of abuse domestic violence to the plaintiff victim or children, upon good cause shown. The court shall grant or deny a petition for a temporary ex parte protection order filed under this chapter within three business days of the filing of the petition. Any granted temporary ex parte protection order shall be effective until the final hearing date.

"(c) When it appears to the court that an immediate and present danger of violence exists, the court may grant a temporary protection order which may be granted in an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper, including a protection order enjoining the defendant from committing any acts of violence and prohibiting contact as described in Section 30-5-7.

"(d) In an ex parte hearing for the purpose of obtaining such protection order, no evidence other than the verified pleading or affidavit shall be used as evidence, unless the defendant appears at the hearing or has received actual notice of the hearing.

"(e) Any such ex parte protection order shall be effective for a fixed period not to exceed 30 calendar days. A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary protection order ceases to be effective. The court may grant a continuance of the ex parte protection order and the full hearing before or during a hearing, for good cause shown by any party.

"(c) (f) If a final hearing under subsection (a) is continued, the court may make or extend temporary ex parte protection orders under subsection (b) as it deems reasonably necessary to protect the victim from further acts of domestic violence or the immediate and present danger of domestic violence.

§30-5-7.

"(a) If it appears from a petition for a protection order or a petition to modify a protection order that abuse domestic violence has occurred or from a petition for a modification of a protection order that a modification is warranted, the court may:

"(1) Without notice or hearing, immediately issue an ex parte protection order or modify an ex parte protection order as it deems necessary.

"(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final protection order or modify a protection order after a hearing whether or not the defendant appears.

"(b) A court may grant any of the following relief without notice and a hearing in an ex parte protection order or an ex parte modification of a protection order:

"(1) Enjoin the defendant from threatening to commit or committing acts of abuse, as defined in this chapter, domestic violence against the plaintiff or children of the plaintiff, and any other person designated by the court.

"(2) Restrain and enjoin the defendant from harassing, stalking, annoying, telephoning, contacting, or otherwise communicating, directly or indirectly, with the plaintiff or children or threatening, or engaging in conduct that would place the plaintiff, minors, children of the plaintiff, or any other person designated by the court in reasonable fear of bodily injury or contacting the plaintiff or children, which includes, but is not limited to, the following prohibited acts: Communicating with the victim verbally or in any written form, either in person, telephonically, electronically, or in any other manner, either directly or indirectly through a third person.

"(3) Order the defendant to stay away from the residence Restrain and enjoin the defendant from having physical or violent contact with the plaintiff or the plaintiff's property, or from going within 500 feet of the plaintiff's residence even if the residence is shared with the defendant, vehicle, school, or place of employment of the plaintiff, any children, or any other person designated by the court, or order the defendant to stay away from any specified place frequented by the plaintiff, any children, or any person designated by the court where the court determines the defendant has no legitimate reason to frequent.

"(4) Award temporary custody of any children of the parties.

"(5) Enjoin the defendant from interfering with the plaintiff's efforts to remove any children of the plaintiff or from removing any children from the jurisdiction of the court, and direct the appropriate law enforcement officer to accompany the plaintiff during the effort to remove any children of the plaintiff as necessary to protect the plaintiff or any children from domestic violence or child abuse.

"(6) Enjoin the defendant from removing any children from the individual having legal custody of the children, except as subsequently authorized by a custody or visitation order issued by a court of competent jurisdiction.

"(7) Remove and exclude the defendant from the residence of the plaintiff, regardless of ownership of the residence.

"(8) Order possession and use of an automobile and other essential personal effects, regardless of ownership, and direct the appropriate law enforcement officer to accompany the plaintiff to the residence of the parties or to other specified locations as necessary to protect the plaintiff or any children from abuse.

"(9) Order other relief as it deems necessary to provide for the safety and welfare of the plaintiff or any children and any person designated by the court.

"(10) Prohibit the defendant from transferring, concealing, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties.

"(c) The court may grant any of the following relief in a final protection order or a modification of a protection order after notice and a hearing, whether or not the defendant appears:

"(1) Grant the relief available in subsection (b).

"(2) Specify arrangements for visitation of any children by the defendant on a basis that gives primary consideration to the safety of the plaintiff or any children, or both, and require supervision by a third party or deny visitation if necessary to protect the safety of the plaintiff or any children, or both.

"(3) Order the defendant to pay attorney's fees and court costs.

"(4) When the defendant has a duty to support the plaintiff or any children living in the residence or household and the defendant is the sole owner or lessee, grant to the plaintiff possession of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff, or both, or by consent agreement allowing the defendant to provide suitable alternate housing.

"(5) Order the defendant to pay temporary reasonable support for the plaintiff or any children in the plaintiff's custody, or both, when the defendant has a legal obligation to support such persons. The amount of temporary support awarded shall be in accordance with Child Support Guidelines found in Rule 32 of the Alabama Rules of Judicial Administration.

"(6) Order the defendant to provide temporary possession of a vehicle to the plaintiff, if the plaintiff has no other means of transportation of his or her own and the defendant either has control of more than one vehicle or has alternate means of transportation.

"(d) (1) Any temporary ex parte order issued pursuant to this chapter shall remain in effect until the final protection order is entered. While the final protection order is in effect, the court may amend its order at any time upon subsequent petition being filed by either party and a hearing held pursuant to this chapter.

"(2) Any final protection order is of permanent duration, subject to appellate review, unless otherwise specified or modified by a subsequent court order.

"(e) No order or agreement under this chapter shall in any manner affect title to any real property, except final subsequent proceedings available by law.

"(f) A temporary or final judgment on a protective order entered pursuant to this section shall, on its face, indicate:

"(1) That the injunction is valid and enforceable in all counties in the state.

"(2) That law enforcement officers may use their arrest powers pursuant to Section 15-10-3 and to enforce the terms of the injunction.

"(3) That the court had jurisdiction over the parties and matter under the laws of the state and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person's right to due process.

"(4) The date the defendant was served with the temporary or final order, if obtainable.

§30-5-8.

"(a) A copy of any order under this chapter shall be issued to the plaintiff, the defendant, and the law enforcement officials with jurisdiction to enforce the order. Certain information in these orders shall be entered in the Protection Order Registry of the Administrative Office of Courts in order to electronically transmit information to and between criminal justice agencies relating to protection orders issued throughout the state. Such information shall include, but is not limited to, information as to the existence and status of any protection orders for verification purposes.

"(b) Ex parte and final protection orders shall be in a format as provided by the Administrative Office of Courts. If a court wishes to provide additional information in these standardized court orders, the court may attach additional pages containing this additional information.

"(c)(1) The clerk of the court shall furnish a copy of the final protection order and notice of hearing, if any, to the appropriate law enforcement agency where the defendant resides or can be found, and an officer of that law enforcement agency shall serve it upon the defendant as soon thereafter as possible on any day of the week and at any time of the day or night. When requested by the law enforcement agency, the clerk of the court may transmit a facsimile copy of a protection order that has been certified by the clerk, and this facsimile copy may be served in the same manner as a certified copy. Upon receiving a facsimile copy, the law enforcement officer shall verify receipt with the sender before attempting to serve it upon the defendant. In addition, if a law enforcement agency is in possession of a protection order that has been certified by the clerk of the court, a law enforcement officer may transmit a facsimile copy of the protection order to a law enforcement officer, who shall serve it in the same manner as a certified copy.

"(2) Within 24 hours of a protection order being issued to a defendant by a court, the clerk of the court shall furnish the plaintiff with a copy of the protection order. If the plaintiff requests the assistance of a law enforcement agency, the court may order that an officer from the appropriate law enforcement agency accompany and assist the plaintiff, and assist in the execution or service of the protection order. If the defendant has been located but not yet served, a law enforcement officer shall accept a copy of the protection order, certified by the clerk of the court, from the plaintiff and immediately serve it upon a defendant.

"(4) Within 24 hours after service of process of a protection order upon a defendant, the law enforcement officer or constable shall forward the written proof of service of process and a copy of the protection order to the law enforcement agency with jurisdiction over the residence of the plaintiff, who shall make information relating to the protection order available to other law enforcement agencies electronically, and by entering the information into the Protection Order Registry of the Administrative Office of Courts.

"(d) If a court vacates or changes a protection order, notice shall be given to the plaintiff and to the law enforcement agency with jurisdiction over the residence of the plaintiff within 24 hours.

"(e) The Alabama Law Enforcement Agency shall develop an automated process by which a plaintiff may request notification of service of the protection order and other court actions related to the protection order. The automated notice shall be made within 12 hours after a law enforcement officer serves a protection order upon the defendant. The notification shall include, at a minimum, the date, time, and location where the protection order was served. When a plaintiff makes a request for notification, the clerk shall apprise the plaintiff of his or her right to request in writing that the information identifying the plaintiff be made exempt from public records requirements in Section 36-12-40. Upon implementation of the automated process, information held by the clerks and law enforcement agencies in conjunction with this process that reveals a home or employment telephone number, cellular telephone number, home or employment address, electronic mail address, or other electronic means of identification of a plaintiff requesting notification of service of a protection order or other court actions, is exempt from Section 36-12-40 upon written request of the plaintiff. Notwithstanding the provisions of this subsection, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted access in the furtherance of such agency's statutory duties.

"(f) If a protection order is lifted, terminated, or otherwise rendered no longer effective by ruling of the court, the clerk of the court shall notify the appropriate law enforcement agency receiving original notification of the protection order as provided in subsection (c).

"(g)(1) The court shall enforce through a civil or criminal contempt proceeding, a violation of a protection order. The court shall enforce the defendant's compliance with the protection order by imposing a fine, imprisonment, or court costs as provided by law. Any fine shall not exceed the fine permitted for a similar offense. The clerk of the court shall collect and receive such costs or fines. On a monthly basis, the clerk shall transfer the moneys collected from fines pursuant to this subsection to the State Treasury for deposit in the Domestic Violence Trust Fund established by Section 30-6-11.

"(2) If the defendant is arrested under Section 15-10-3 for committing an act of domestic violence in violation of a protection order, the defendant shall be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the protection order and for admittance to bail in accordance with Section 15-13-190 and the applicable rules of criminal procedure, pending a hearing.

§30-6-1.

"In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:

"(1) ABUSE. Any offense under Sections 13A-6-60 to 13A-6-70, inclusive, or under Sections 26-15-1 to 26-15-4, inclusive, occurring among family, household, dating, or engagement relationship members as defined in Section 15-10-3.

"(2) ACADV. The Alabama Coalition Against Domestic Violence, Incorporated.

"(3) ADVOCATE. An employee or volunteer of a program for victims of domestic violence receiving funds under this chapter who has a primary function of rendering advice, counseling, or assistance to victims of domestic violence; who supervises the employees or volunteers of the program; or who administers the program.

"(4) AGENCY. The Alabama Law Enforcement Agency.

"(5) CLIENT. Any individual receiving services from a certified domestic violence center.

"(6) DIRECTOR. The Director of the Department of Economic and Community Affairs.

"(4) (7) DOMESTIC VIOLENCE SHELTER OR FACILITY CENTER. A facility which provides services or shelter to adult An entity that provides services or shelter to domestic violence victims and their accompanying children as herein defined and which has been certified by the Office of Prosecution Services to receive funds and is a member of the ACADV.

"(5) OFFICE. The Office of Prosecution Services.

"(6) (8) VICTIM. Any individual or victim as defined in Section 30-5-2 suffering assault, battery, rape, or other abuse as defined in subdivision (1) and any dependent of the individual or victim, including a child.

"Terms not otherwise defined by this chapter shall have the meaning given to them by the Alabama Criminal Code, Title 13A, or other provisions of law, as the case may be.

§30-6-2.

"The Legislature recognizes that certain persons who assault, batter, or otherwise abuse their children, spouses and other family members and the persons subject to such abuse are in need of treatment and rehabilitation. persons who are victims of domestic violence are in need of critical lifesaving services from specialized facilities that possess relevant expertise to assist such persons. It is the intent of the Legislature to assist in the development of certified domestic violence shelters centers and the creation of appropriate expanded services for the victims of such abuse and to provide a place where the parties involved may be separated until they can be properly assisted domestic violence so that all victims obtain services needed. It is further recognized that it is important to prevent domestic violence by determining the root causes of such violence.

§30-6-3.

"(a) It shall be the duty of the office to The director shall do all of the following:

"(1) To establish minimum program requirements and standards for certifying domestic violence facilities to receive state funds pursuant to this chapter.

"(2) To receive applications for state funding of the facilities pursuant to this chapter.

"(3) To approve or reject each application within 60 days of receipt of the application.

"(4) To distribute funds to a certified facility beginning on October 1 of the year immediately succeeding the year in which the facility's application was approved.

"(5) To evaluate annually each shelter for compliance with the minimum standards.

"(b) The office or the district attorney from any participating circuit may enter and inspect the premises of domestic violence shelter at any reasonable hour in order to effectively evaluate the state of compliance of the facility with this chapter and rules in force pursuant thereto.

"(c) The Executive Committee of the Alabama District Attorneys Association shall prescribe by rule the procedures by which subdivision (1) of subsection (a) shall be implemented.

"(1) Operate the domestic violence program and, in collaboration with ACADV, coordinate and administer statewide activities related to the prevention of domestic violence.

"(2) Have the right to enter and inspect the premises of domestic violence centers that are applying for an initial certification or facing potential suspension or revocation of certification to effectively evaluate the state of compliance with minimum standards.

"(3) Promote the involvement of domestic violence centers in the coordination, development, and planning of domestic violence programming.

"(4) Coordinate with state agencies that have health, education, or criminal justice responsibilities to raise awareness of domestic violence and promote consistent policy implementation.

"(5) Cooperate with, assist in, and participate in, programs of other properly qualified state or federal agencies, schools of medicine, hospitals, and health clinics in planning and conducting research on the prevention of domestic violence and the provision of services to clients.

"(6) Contract with ACADV for the creation of minimum standards of service provision, training, and technical assistance to certified domestic violence centers, and for the evaluation of services provided by domestic violence centers.

"(7) Consider applications from certified domestic violence centers for capital improvement grants and award those grants pursuant to Section 41-23-143.

"(8) Adopt by rule procedures to administer this chapter, including developing criteria for the approval, suspension, or rejection of certification of domestic violence centers.

"(9) Receive and approve or reject applications for funding of certified domestic violence centers. When approving funding for a newly certified domestic violence center, the director shall make every effort to minimize any adverse economic impact on existing certified domestic violence centers or services provided within the same service area. In order to minimize duplication of services, the department shall make every effort to encourage subcontracting relationships from existing certified domestic violence centers within the same service area. In distributing funds from the Domestic Violence Trust Fund and state funds for certified domestic violence centers, the director shall use a formula as specified in Section 30-6-6.

"(10) Establish and manage a Domestic Violence Trust Fund for the purposes of collecting and distributing funds pursuant to this chapter.

"(d) (b) Any facility which shelters children, pursuant to this chapter, shall be exempt from the provisions of Title 38, Chapter 7.

§30-6-4.

"The ACADV shall do all of the following:

"(1) Formulate and conduct a research and evaluation program on domestic violence and cooperate with and assist and participate in programs of other properly qualified agencies, including any agency of the state, federal government, schools of medicine, hospitals, and clinics, in planning and conducting research on the prevention, care, treatment, and rehabilitation of persons engaged in or subject to domestic violence.

"(1) Receive and approve or reject applications for initial certification of domestic violence centers and annually renew the certification thereafter upon successful evaluation of certification standards.

"(2) Create minimum certification qualification and administrative standards to ensure the health, safety, and welfare of domestic violence victims and their children.

"(3) Evaluate certified domestic violence centers in order to determine compliance with certification standards.

"(4) Conduct statewide training and technical assistance for certified domestic violence centers and partnering organizations.

"(5) Have the right to enter and inspect the premises of certified domestic violence centers for monitoring purposes and initial inspection of domestic violence centers applying for certification.

"(2) (6) Serve as a clearinghouse for information relating to spouse abuse and domestic violence.

"(3) Carry on educational programs on domestic violence for the benefit of the general public, persons engaged in or subject to spouse abuse, professional persons, or others who care for or may be engaged in the care and treatment of persons engaged in or subject to spouse abuse and domestic violence.

"(4) Enlist the assistance by contract or otherwise, of public and voluntary health, education, welfare, and rehabilitation centers or agencies in a concerted effort to prevent child abuse and domestic violence and to treat or provide shelter for persons engaged in or subject to such abuse or violence.

§30-6-5.

"On or before 30 days prior to each regular session of the Legislature, the ACADV shall report to the office, and the office The ACADV shall furnish to the Governor, President of the Senate and the Speaker of the House of Representatives, on or before the third day of each regular session, a report on the status of domestic violence in Alabama which shall include, but not be limited to, the following:

"(1) The incidence of domestic violence in this state and in each county.

"(2) An identification of the areas of the state where domestic violence is of significant proportions, including the number of cases of domestic violence officially reported, as well as an assessment of the degree of unreported cases of domestic violence.

"(2) (3) The identification and description of the types of programs in the state that assist victims or persons initiating the violence and abuse who commit domestic violence, including information on its programs.

"(3) (4) The number and characteristics of persons treated by or assisted by local who receive services from local domestic violence programs or certified domestic violence centers receiving that receive funding through ACADV.

"(4) The number and characteristics of persons perpetrating domestic violence identified by centers receiving funding.

"(5) An inventory and evaluation of existing prevention programs.

§30-6-6.

"(a) In order to be funded and certified, each facility domestic violence center shall do all of the following:

"(1) Provide a shelter, whether public or private, which will serve as a center to receive and house adult persons who are domestic violence victims and their accompanying children.

"(2) Receive the periodic written endorsement of the participating circuit's district attorney and the local law enforcement agency within the jurisdiction of the site.

"(1) Provide a facility that shall serve as a center to receive and house persons who are victims of domestic violence. For the purpose of this chapter, minor children and other dependents of a victim, when the dependents are partly or wholly dependent on the victim for support or services, may be sheltered with the victim in a domestic violence center.

"(3) (2) Provide minimum services which shall include, but not be limited to, information and referral services, counseling case management services, temporary emergency shelter for more than 24 hours for adult victims and their accompanying children, a 24-hour hotline, training for law enforcement personnel, assessment and appropriate referral of resident children, outreach services as defined by standards for counties without a physical emergency shelter facility, and educational services for community awareness relative to the incidence of domestic violence, the prevention of abuse domestic violence, and the care, treatment, and rehabilitation for persons engaged in or subject to such abuse domestic violence. If a 24-hour hotline, professional training, or community education is already provided by a certified domestic violence center within its designated service area, the director may exempt such certification requirements for a new domestic violence center serving the same service area in order to avoid duplication of services.

"(3) Participate in the provision of orientation and training programs developed for law enforcement officers, social workers, and other professionals and paraprofessionals who work with domestic violence victims to better enable such persons to deal effectively with incidents of domestic violence.

"(4) comply with rules adopted pursuant to this chapter.

"(5) File with ACADV a list of the names of the domestic violence advocates who are employed or who volunteer at the domestic violence center who may claim a privilege under Section 30-6-8 to refuse to disclose a confidential communication between a victim of domestic violence and the advocate regarding the domestic violence inflicted upon the victim. The list shall include the title of the position held by the advocate whose name is listed and a description of the duties of that position. A domestic violence center shall file amendments to this list as necessary.

"(6) Demonstrate local need and ability to sustain operations through a history of 18 consecutive months of operation as a domestic violence center, including 12 months operation of an emergency shelter, and a business plan that addresses future operations and funding of future operations.

"(7) If the domestic violence center is a new center applying for certification, demonstrate that the services provided address a need identified in the most current statewide needs assessment approved by the director. If the center applying for initial certification proposes providing services in an area that has an existing certified domestic violence center, the center applying for initial certification shall demonstrate an unmet need in that service area and describe its efforts to avoid duplication of services.

"(b) Domestic violence facilities may be established throughout the state as private, local, state, or federal funds are available. Any local agency or organization may apply to participate in certification and state funding pursuant to this chapter. This chapter shall not be construed to prohibit any agency or organization from uniting with a like agency or organization, within or without the same county or within or without any adjacent circuit, in the joint establishment or operation of any domestic violence facility.

"(b) Each domestic violence center shall be a member in good standing with the ACADV.

"(c) If the ACADV or director finds that there is a failure by a domestic violence center to comply with the requirements and standards established under this chapter or with any rules adopted pursuant thereto, the ACADV may deny, suspend, or revoke the certification, or may temporarily extend the certification to allow the domestic violence center to implement a corrective action plan.

"(d) The annual certificate automatically expires on June 30 of each year unless it is renewed.

"(c) The facilities (e) Domestic violence centers shall establish procedures pursuant to which persons subject to domestic violence may seek services from these facilities on a voluntary basis.

"(d) Each facility (f) Each domestic violence center shall be a 501(c)(3) nonprofit corporation and shall have a board composed of at least three citizens, one of whom shall be a member of a local, municipal, or county law enforcement agency.

"(e) No individual facility shall receive a total amount in excess of two hundred fifty thousand dollars ($250,000) annually.

"(f) Each facility shall submit their proposed budget at the request of the office and prior to any application for funds.

"(g) In order to receive funding from the Domestic Violence Trust Fund and state funds, a domestic violence center shall do all of the following:

"(1) Obtain certification pursuant to this chapter: provided, however, the issuance of a certification does not obligate the ACADV or the Alabama Department of Economic and Community Affairs to provide monies distributed through the Domestic Violence Trust Fund.

"(2) Receive at least 10 percent of its funding from one or more local, municipal, or county sources, public or private, provided contributions in kind, whether materials, commodities, transportation, office space, other types of facilities, or personal services, may be evaluated and counted as part of the required local funding.

"(h)(1) All funds collected and appropriated for certified domestic violence centers shall be distributed annually according to an allocation formula approved by the director. In developing the formula, the factors of population, rural characteristics, geographical area, and the incidence of domestic violence shall be considered.

"(2) A contract between the director or ACADV and a certified domestic violence center shall contain provisions ensuring the availability and geographic necessity of services throughout the service area. For this purpose, a center may distribute funds through subcontracts or to center satellites, if such arrangements and any subcontracts are approved by the director.

"(i) If any of the required services are exempted from certification by the director under this section, the domestic violence center may not receive funding from the ACADV or the Alabama Department of Economic and Community Affairs for those services.

§30-6-7.

"Each circuit shall receive a proportionate share of the total funding appropriated, as the population of the circuit or circuits jointly bear to the total population of the state, according to the most recent federal decennial census, for implementation of this chapter. Each facility shall receive the funds as determined by the policy adopted by the office. The formula for such funding shall be deemed a public record. The office may not expend in excess of ten percent of the funds administered by it to implement this chapter. Of the funds administered by the office to implement this chapter, the office shall retain 60 percent of the funds or eighty thousand dollars ($80,000), whichever is greater, and shall disburse the remainder of the implementation funds received during the previous fiscal year to the ACADV upon satisfactory receipt of the report described in Section 30-6-5 for that year.

"The Alabama Department of Economic and Community Affairs shall transfer to the ACADV those funds necessary for the ACADV to implement its respective functions pursuant to this chapter, but in no event may the department transfer less than 10 percent of the total available funds from the Domestic Violence Trust Fund to the ACADV on an annual basis. In addition, the department may pay its administration costs necessary to fulfill the requirements of this chapter from the Domestic Violence Trust Fund; provided, however, the department may not expend more than eight percent of the total available funds from the Domestic Violence Trust Fund on an annual basis.

§30-6-8.

"Information received by the office, the circuit, any district attorney or his or her employees, director or by authorized persons employed by or volunteering services to a facility domestic violence center, through files, reports, inspection, or otherwise, shall be deemed is confidential information, except as otherwise herein provided, and shall not be disclosed publicly in such a manner as to identify individuals or facilities and exempt from the provisions of Section 36-12-40. Information about the location of domestic violence centers and facilities is confidential and exempt from the provisions of Section 36-12-40. Oral communications between a domestic violence victim and an advocate and written reports and records concerning the victim may not be disclosed without the written consent of the victim. This privilege does not relieve a person from any duty imposed pursuant to Section 26-14-1 or Section 38-9-2. However, when cooperating with protective investigation services staff, the staff and volunteers of a domestic violence center shall protect the confidentiality of other clients at the center. A victim or advocate may not claim this privilege when providing evidence in proceedings concerning child abuse, but may claim this privilege in all other proceedings, both criminal and civil. This privilege expires upon the death of the victim. Each facility, with the approval of the office, shall establish its own rules, regulations, and policies for the performance of the responsibilities charged to it in this chapter. The office director shall ensure that the information obtained under authority of this chapter shall be restricted to the items germane to the implementation thereof and shall ensure that the provisions are administered so as not to accumulate any information or distribute any information that is not required by this chapter. The office and each participating district attorney shall ensure that adequate safeguards are incorporated so that data available is used only by properly authorized persons, facilities, and agencies.

§30-6-9.

"(a) Any law enforcement officer who investigates an alleged incident of domestic violence shall assist the victim in obtaining medical treatment, if required as a result of the alleged incident to which the officer responds, and shall advise the person subject to the abuse of the availability of a facility from which he or she victim that there is a domestic violence center from which the victim may receive services. In addition to victim information services required pursuant to Section 15-23-62, the law enforcement officer shall give the victim at the time of initial investigation immediate notice of the legal rights and remedies notice available on a standard form developed and distributed by the Alabama Law Enforcement Agency pursuant to subsection (b).

"(b) The agency shall develop a "Legal Rights and Remedies Notice to Victims" that includes a general summary of the provisions of the Protection From Domestic Violence Act using simple English as well as Spanish, and shall distribute the notice to be used by all law enforcement agencies throughout the state. The notice shall include:

"(1) The resource listing, including telephone number, for the area domestic violence center designated by the director; and

"(2) A copy of the following statement: "IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may ask the district attorney or prosecutor to file a criminal complaint. You also have the right to go to court and file a petition requesting an order of protection against domestic violence which may include, but need not be limited to, the provisions which restrain the abuser from further acts of domestic violence; direct the abuser to leave your household; prevent the abuser from entering your residence, school, business, or place of employment; award you custody of your minor child or children; and direct the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so."

"(c)(1) When a law enforcement officer investigates an allegation that an incident of domestic violence has occurred, the officer shall handle the incident pursuant to the arrest policy provided in Section 13A-6-133. Whether or not an arrest is made, the officer shall make a written police report that is complete and clearly indicates the alleged offense was an incident of domestic violence. The police report shall be given to the officer's supervisor and filed with the appropriate law enforcement agency. The report shall include:

"a. A description of physical injuries observed, if any.

"b. If the law enforcement officer decides not to make an arrest or decides to arrest two or more parties, the grounds for not arresting anyone or for arresting two or more parties.

"c. A statement that indicates that a copy of the legal rights and remedies notice described in subsection (a) was given to the victim.

"(2) Whenever possible, the law enforcement officer shall obtain a written statement from the victim and witnesses concerning the alleged domestic violence. The officer shall submit the report to the supervisor or other person to whom the law enforcement agency's rules or policies require. The law enforcement agency shall, without charge, send a copy of the initial police report, as well as any subsequent, supplemental, or related report, which excludes victim or witness statements or other materials that are part of an active criminal investigation and are exempt from disclosure under Section 36-12-40, to the nearest certified domestic violence center within 24 hours of the law enforcement agency's receipt of the report. The report furnished to the domestic violence center shall include a narrative description of the domestic violence incident.

"(d) Whenever a law enforcement officer determines upon probable cause that an act of domestic violence has been committed within the jurisdiction of the officer, the officer may arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not require consent of the victim.

"(e)(1) When complaints are received from two or more parties, the officers shall evaluate each complaint separately to determine whether there is probable cause for arrest.

"(2) If a law enforcement officer has probable cause to believe two or more persons have committed a misdemeanor or felony, or if two or more persons make complaints to the officer, the officer shall try to determine who was the predominant aggressor according to Section 13A-6-134. Arrest is the preferred response only with respect to the predominant physical aggressor and not the preferred response with respect to a person who acts in a reasonable manner to protect himself or herself or another family or household member from domestic violence.

"(f) No law enforcement officer shall be held liable, in any civil action, for an arrest based on probable cause, enforcement in good faith of a court order, or service of process in good faith under this section arising from an alleged incident of domestic violence brought by any party.

"(g) A person who willfully violates a condition of pretrial release provided in Section 15-13-190, when the original arrest was for an act of domestic violence as defined in Section 30-5-2, shall be subject to Section 13A-6-142, and shall receive an enhanced penalty and additional jail time in accordance with Section 13A-6-142.

§30-6-10.

"The office director is authorized to promulgate, issue and implement reasonable rules, regulations and standards necessary to administer and implement the provisions of this chapter.

§30-6-11.

"The department shall establish a Domestic Violence Trust Fund for the specific purpose of funding certified domestic violence centers. Commencing October 1, 1999, and thereafter, in addition to any and all other fees collected for any marriage license, the probate judge marriage license issuing agent shall collect thirty dollars ($30). which shall be forwarded to the district attorney of the judicial circuit of his or her county. The funds, as well as those fines imposed pursuant to subsection (g) of Section 30-5-8, shall be designated only for the purposes of this chapter, and forwarded monthly to the office for distribution on a formula, pursuant to Section 30-6-7 and this chapter. Provided, however, no department for deposit in the Domestic Violence Trust Fund. No unspent and unencumbered funds generated by this chapter shall revert to the General Fund of the State Treasury at the end of the fiscal year. Any such unspent and unencumbered funds shall be returned to the respective judicial circuits from which they were generated. The district attorney shall use the funds exclusively for the purposes of establishing, maintaining, or funding, or any combination thereof, of domestic violence shelters. The funds shall be used for the establishment or maintenance of a domestic violence shelter within 12 months of the end of the fiscal year during which they were collected. If funds collected pursuant to this chapter have not been expended for the purposes of establishing or maintaining a domestic violence shelter within the time period designated in this section, those funds shall revert to the office for distribution to certified domestic violence facilities according to the formula established by the office pursuant to Section 30-6-7 and this chapter.

§30-6-13.

"The provisions of this chapter are supplemental and shall be construed in pari materia with other laws relating to domestic relations, abuse domestic violence, and law enforcement; and provided, that those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.

§30-7-1.

"The Alabama Coalition Against Domestic Violence, Incorporated, shall establish standards for domestic violence shelters centers for membership in the coalition. Standards shall include minimum standards for the safe and effective provision of services to victims of domestic violence and their children.

§30-7-2.

"(a) The following minimum standards for domestic violence shelters centers shall be used by the coalition to determine membership in the coalition and be eligible for receiving funds administered by the coalition or the Alabama Department of Economic and Community Affairs. Any domestic violence shelter center seeking membership shall meet the following qualifications:

"(1) Be a community-based, nonprofit agency 501(c)(3) nonprofit corporation created for the purpose of operating a domestic violence center, provided it may be affiliated with a larger private organization, but must be a distinct entity with its own corporate structure and budget. Existing domestic violence centers certified prior to the effective date of this act shall be exempt from the foregoing requirement. All funding and budget issues pertaining to the operation of the domestic violence program shall be reported independently from other activities.

"(2) Have as its primary function the elimination and reduction of domestic violence mission the provision of services to victims of domestic violence, as defined in Section 30-5-2.

"(3) Provide emergency shelter, counseling services, case management and advocacy, and referral, and 24-hour hotline telephone services for domestic violence victims.

"(4) Operate its principal place of business or service activity in the state.

"(5) (4) Agree to, accept, adopt, and implement the prevailing Alabama Coalition Against Domestic Violence shelter center standards.

"(6) (5) Be governed by a board of directors which reflects the community it serves.

"(7) (6) Affirm in writing its commitment to the specific and primary purpose of the Alabama Coalition Against Domestic Violence as stated in an affirmation of unity membership affiliate agreements.

"(8) (7) Be an associate member of the Alabama Coalition Against Domestic Violence for one year prior to application for full membership.

"(b) The coalition shall certify any domestic violence shelter meeting the qualifications set forth in subsection (a).

§30-7-3.

Any domestic violence shelter center within the state that meets the standards established by this chapter and is certified by the coalition as a full member in the coalition shall be eligible to receive funds that are appropriated from the state General Fund to the coalition.

§30-7-4.

"(a) Any domestic violence shelter center within the state that desires to become certified by the coalition may request certification. Upon approval and certification by the board of directors of the coalition, a domestic violence center may receive state funding from funding appropriated by the Legislature specifically to the coalition.

(b) State funds received by the coalition from appropriations by the Legislature may be used for administrative expenses. Administrative expenses paid from state funds shall not exceed eight percent of the total appropriation received in any one period of appropriation.

§30-7-5.

"The coalition, through its board of directors, shall be responsible for allocating state appropriated funds to existing and new domestic violence shelters centers that have been certified pursuant to this chapter.

§30-7-6.

"(a) There shall be established batterers' intervention programs in order to direct services to those persons who are adjudged to have committed an act of domestic violence, as defined in Section 30-5-2, those against whom an injunction for protection against domestic violence is entered, those referred by the court or local domestic violence center, and those who volunteer to attend such programs. The primary purpose of the programs shall be to protect the safety of victims of domestic violence and the safety of the victim's children, if present.

"(b) The coalition shall establish minimum program and treatment standards for perpetrator counseling batterers' intervention programs. The standards shall be used as guidelines by the courts for recommending referral to the programs. Perpetrator Batterers' intervention programs shall:

"(1) Be operated by community-based, nonprofit agencies that are governed by a board of directors which reflects the community each serves.

"(2) Have as the primary goal of the treatment program the reduction and elimination of domestic violence.

"(3) Operate its principal place of business or service activity in the state.

"(4) Agree to, accept, adopt, and implement the prevailing minimum standards for perpetrator intervention programs as established by the coalition.

"(5) Be at least 29 weeks in length and include at least 24 sessions, plus appropriate intake, assessment, and orientation programming.

"(6) Be a psychoeducational model that employs program content based on tactics of power and control in which one person exerts control over another.

"(b) Perpetrator treatment programs shall not be eligible to receive state funds allocated to the coalition for disbursement to shelters. The facilitators, supervisors, and trainees shall be certified to provide these programs through initial certification, and the programs and personnel shall be annually monitored by the Department of Economic and Community Affairs to ensure that they meet specified standards.

"(c) The programs shall be funded through reasonable fees collected from the batterers who attend the programs, except the programs may be funded, in whole or in part, from any local, state, or federal program that provides funding for batterers' intervention programs. Consideration shall be given to those participants who may be considered indigent, as determined by the programs.

"(d) The programs shall be conducted in a manner that holds the batterer accountable for acts of domestic violence. The programs shall address the perpetration of violence between intimate partners, spouses, ex-spouses, those who share a child in common, or those who are cohabitants in intimate relationships, for the purpose of exercising power and control by one over the other.

"(e) It will endanger victims if courts and other referral agencies refer victims or their family or household members to batterers' intervention programs. For the protection of victims, their families, and household members, the court or local domestic violence centers making referrals should refer perpetrators only, not victims, to programs that appropriately address the violence committed.

§30-9-1.

"As used in this chapter the term domestic violence fatality review team means an organization that includes, but is not limited to, representatives from the following agencies or organizations:

"(1) Municipal and state law Law enforcement agencies.

"(2) The Attorney General and the President of the Alabama District Attorney's Association, for state level teams or the district attorney of each judicial circuit for local or regional teams.

"(3) The Alabama Department of Forensic Sciences.

"(4) Certified domestic violence centers.

"(5) Child protection service providers.

"(6) The Administrative Office of Courts.

"(7) The municipal and circuit clerks of the court.

"(8) Victim service programs.

"(9) Providers of civil legal assistance to victims.

"(10) Child death review teams.

"(11) Members of the business community.

"(12) County probation or corrections agencies.

"(13) Any other persons who have knowledge regarding domestic violence fatalities, nonlethal incidents of domestic violence, or suicide, including research, policy, law, and other matters connected with fatal incidents.

"(14) The humane societies or shelters.

"(15) Certified perpetrator intervention programs.

"(16) The Alabama Coalition Against Domestic Violence.

"(17) The coroner or county medical examiner.

"(18) The Department of Human Resources.

"(19) The Alabama Department of Child Abuse and Neglect Prevention or its designee.

"(20) Other representatives as determined by the review team.

§30-9-2.

"(a) A statewide domestic violence fatality review team may shall be established on the local, regional, or state level to review fatal and near-fatal incidents of domestic violence, related domestic violence matters, and suicides. For domestic violence fatality review teams that service local or regional jurisdictions, the team shall be chaired by the district attorney of that particular jurisdiction. Additional teams at the local and regional level may be established as well in conjunction with local law enforcement agencies, the local domestic violence center, and local judicial officers including the court, prosecutor, and public defender. The membership of a domestic violence fatality review team shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The review may include an examination of events leading up to the domestic violence incident, available community resources, current laws and policies, and actions taken by organizations, agencies, and individuals incident to the events and the parties. Any information or action deemed relevant by the review team, including an assessment of public records and records for which public records exemptions are granted may also be included within the purview of the review.

"(b) Domestic violence fatality review teams shall be established for the purpose of learning how to prevent domestic violence through early intervention and improving the quality of the response by individuals and institutions to domestic violence. The specific structure and operating procedures employed by a review team shall be determined at the local level. The review team may determine the number and type of incidents it wishes to review and shall make policy and other recommendations on how the community may more effectively respond to the needs of domestic violence victims.

"(c) Any member of a domestic violence fatality review team or any person acting as a witness to or investigator for a domestic violence fatality review team, in addition to any immunity provided otherwise in state law, shall not be liable to any person for damages as a result of any action taken within the scope of the functions of that review team if such action was taken without malice and in a reasonable belief that such action or recommendation is warranted by the facts made known to him or her.

"(d) The statewide domestic violence fatality review team is assigned to the Alabama Attorney General for administrative purposes.

"(e) The Attorney General, in collaboration with the Alabama Coalition Against Domestic Violence and the statewide domestic violence fatality review team, shall produce an annual report. The report shall review the number and type of domestic violence fatalities and near fatalities and shall make policy and other recommendations on how the state and stakeholders may more effectively reduce the incidence of domestic violence fatalities in the state.

"(c) (f) Information, testimony, records, reports, recommendations, or other evidence obtained, generated, or transmitted by a domestic violence fatality review team shall not be subject to discovery, subpoena, or introduction into evidence in any civil or criminal action, or in any administrative or disciplinary proceeding by any department or employing agency if the information or records arose out of matters that are the subject of evaluation and review by the review team. However, information, documents, and records otherwise independently discovered and available from other sources shall not be exempt from discovery, subpoena, or introduction into evidence solely because the information, documents, or records were presented to or reviewed by a review team.

"(d) (g) A person who attends or participates in a meeting of a domestic violence fatality review team may not testify in any civil or criminal action or administrative or disciplinary proceedings concerning any records or information produced or presented to the review team or the proceedings or deliberations of the review team authorized by this section. This subsection does not preclude or exempt any person who testifies before a review team or who is a member of a review team from testifying to matters otherwise within his or her knowledge.

"(e) (h) Any information or records otherwise confidential or privileged in accordance with or exempt from disclosure under Section 36-12-40 or under another provision of Alabama law which are obtained by or provided to a review team conducting activities as described pursuant to this chapter shall remain confidential or privileged or exempt from disclosure as otherwise provided by law. Any portion of a report produced by the review team that contains information that is otherwise confidential or privileged in accordance with Alabama law shall remain confidential or privileged as otherwise provided by law.

§41-9-621.

"The commission, acting through the Director of the Alabama Criminal Justice Information Center, shall:

"(1) Develop, operate and maintain an information system which will support the collection, storage, retrieval, analysis and dissemination of all crime and offender data described in this article consistent with those principles of scope, security and responsiveness prescribed by this article;

"(2) Cooperate with all criminal justice agencies within the state in providing those forms, procedures, standards and related training assistance necessary for the uniform operation of the statewide ACJIC crime reporting and criminal justice information system;

"(3) Offer assistance and, when practicable, instruction to all criminal justice agencies in establishing efficient systems for information management;

"(4) Compile statistics on the nature and extent of crime in Alabama and compile data for planning and operating criminal justice agencies; provided, that such statistics shall not identify persons. The commission shall make available all such statistical information obtained to the Governor, the Legislature, the judiciary and any such other governmental agencies whose primary responsibilities include the planning, development or execution of crime reduction programs. Access to such information by such governmental agencies shall be on an individual written request basis or in accordance with the approved operational procedure, wherein must be demonstrated a need to know, the intent of any analyses and dissemination of such analyses, and shall be subject to any security provisions deemed necessary by the commission;

"(5) In compiling the annual report on domestic violence in Alabama, shall include the results of the warrantless arrest policy provided for under Section 13A-6-133 including separate statistics on occurrences of and arrests for domestic versus nondomestic violence, such as stalking, battery, aggravated battery, assault, aggravated assault, sexual battery, the illegal use of firearms, arson, homicide, murder, manslaughter, or the attempt of any of the above; and shall report annual domestic violence statistics to the relevant federal agency for national reporting required by federal regulations or directives.

"(5) (6) Periodically publish statistics, no less frequently than annually, that do not identify persons and report such information to the chief executive officers of the agencies and branches of government concerned; such information shall accurately reflect the level and nature of crime in this state and the general operation of the agencies within the criminal justice system;

"(6) (7) Make available, upon request, to all criminal justice agencies in this state, to all federal criminal justice and criminal identification agencies and to state criminal justice and criminal identification agencies in other states any information in the files of the ACJIC which will aid these agencies in crime fighting; for this purpose the ACJIC shall operate 24 hours per day, seven days per week;

"(7) (8) Cooperate with other agencies of this state, the crime information agencies of other states and the uniform crime reports and national crime information center systems of the Federal Bureau of Investigation or any entity designated by the federal government as the central clearinghouse for criminal justice information systems in developing and conducting an interstate, national and international system of criminal identification, records and statistics;

"(8) (9) Provide the administrative mechanisms and procedures necessary to respond to those individuals who file requests to view their own records as provided for elsewhere in this article and to cooperate in the correction of the central ACJIC records and those of contributing agencies when their accuracy has been successfully challenged either through the related contributing agencies or by court order issued on behalf of the individual;

"(9) (10) Institute the necessary measures in the design, implementation and continued operation of the criminal justice information system to ensure the privacy and security of the system. Such security measures must meet standards to be set by the commission as well as those set by the nationally operated systems for interstate sharing of such information; and

"(10) (11) Designate in writing agents or employees of the ACJIC who shall be and are hereby constituted peace officers of the State of Alabama with full and unlimited police power and jurisdiction to enforce the laws of this state pertaining to the operation and administration of the Alabama Criminal Justice Information System and the storage, use and dissemination of information processed therein."

Section 2. Each agency in the state that is involved with the enforcement, monitoring, or prosecution of crimes of domestic violence shall collect and maintain records of each domestic violence incident for access by investigators preparing for bond hearings and prosecutions for acts of domestic violence. This information shall be provided to the court at first appearance hearings and all subsequent hearings.

Section 3. Article 9 (commencing with Section 41-23-150) is added to Chapter 23 of Title 41 of the Code of Alabama 1975, to read as follows:

Article 9. Domestic Violence Center Capital Improvement Grant Program.

§41-23-150.

(a) For the purposes of this article, the following terms shall have the following meanings:

(1) ACADV. The Alabama Coalition Against Domestic Violence.

(2) DIRECTOR. The Director of the Department of Economic and Community Affairs.

(b) There is established a certified domestic violence center capital improvement grant program under the Department of Economic and Community Affairs.

(c) A certified domestic violence center, as provided for in Section 30-6-6 of the Code of Alabama 1975, may apply to the director, or his or her designee, for a capital improvement grant. The grant application shall provide all of the following information:

(1) A statement specifying the capital improvement and the projected costs that the certified domestic violence center proposes to make with the grant funds.

(2) The proposed strategy for making the capital improvement.

(3) The organizational structure that will carry out the capital improvement.

(4) Evidence that the certified domestic violence center has difficulty in obtaining funding or that the funds available for the proposed improvement are inadequate.

(5) Evidence that the grant funds will assist in meeting the needs of victims of domestic violence and their children in the certified domestic violence center service area.

(6) Evidence of a satisfactory recordkeeping system to account for grant fund expenditures.

(7) Evidence of the ability to generate a local match.

(8) A clear statement addressing who owns the real property, building, and structures upon which domestic violence services are being provided or will be provided.

(d) A certified domestic violence center may receive funding subject to legislative appropriation, upon application to the director, for projects to construct, acquire, repair, improve, or upgrade systems, facilities, or equipment, subject to availability of grant funds.

(e) An award of grant funds under this article shall be made in accordance with a needs assessment developed by the ACADV and the director. The director shall perform annually the needs assessment and shall rank in order of need those centers that are requesting grant funds for capital improvement.

(f) The director, in collaboration with the ACADV, shall establish criteria for awarding the capital improvement grant funds that shall be used exclusively for support and assistance with the capital improvement needs of the certified domestic violence center.

(g) The director shall ensure that the grant funds awarded under this article are used solely for the purposes specified in this article. The director shall also ensure that the grant process maintains the confidentiality of the location of the certified domestic violence center applying for the grant. The total amount of the grants awarded under this article may not exceed the amount appropriated for the program.

Section 4. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

Section 5. 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.

Domestic Violence

Crimes and Offenses

Economic and Community Affairs Department

Coalition Against Domestic Violence

Code Added

Code Amended