HB 309

HB309 INTRODUCED
1 HB309
2 5V8Q833-1
3 By Representative Givan
4 RFD: Judiciary
5 First Read: 22-Jan-26
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5V8Q833-1 01/20/2026 GP (L)lg 2026-328
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4 SYNOPSIS:
5This bill would establish a persistent domestic
6violence offender registry within the Alabama State Law
7Enforcement Agency (ALEA), which would include the name
8and certain information identifying individuals
9convicted of more than one domestic violence offense.
10This bill would require the court to order
11persistent offenders to register with ALEA and would
12require the relevant court clerk to provide ALEA with
13identifying information for persistent offenders.
14This bill would specify what information is
15included and excluded from the registry.
16This bill would require persistent offenders to
17pay a $150 fine, $100 of which shall be deposited into
18the Domestic Violence Trust Fund.
19This bill would require the registry to be
20publicly available on ALEA's website at no cost.
21This bill would provide for the removal of an
22offender from the registry after a certain period of
23time, provided the persistent offender has not
24committed additional domestic violence offenses.
25This bill would also require ALEA to adopt
26rules.
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29A BILL
30TO BE ENTITLED
31AN ACT
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33Relating to domestic violence; to establish a
34 persistent domestic violence offender registry within the
35 Alabama State Law Enforcement Agency (ALEA); to require
36 persistent offenders to register with ALEA; to establish a
37 fine for persistent offenders; to provide for the publicly
38 available contents of the registry; to provide procedures for
39 removal from the registry; and to require ALEA to adopt rules.
40 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
41Section 1. For the purposes of this act, the following
42 terms have the following meanings:
43(1) ALEA. The Alabama State Law Enforcement Agency.
44(2) CONVICTED or CONVICTION. All of the following:
45a. A verdict of guilty by a judge or jury.
46b. A plea of guilty.
47c. A plea of nolo contendere or a best interest plea.
48(3) DOMESTIC VIOLENCE OFFENSE. All of the following:
49a. Domestic violence in the first degree, as provided
50 in Section 13A-6-130, Code of Alabama 1975.
51b. Domestic violence in the second degree, as provided
52 in Section 13A-6-131, Code of Alabama 1975.
53c. Domestic violence in the third degree, as provided
54 in Section 13A-6-132, Code of Alabama 1975.
55d. Domestic violence by strangulation or suffocation,
56 as provided in Section 13A-6-138, Code of Alabama 1975.
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57(4) PERSISTENT DOMESTIC VIOLENCE OFFENDER or PERSISTENT
58 OFFENDER. An individual who has been convicted of a domestic
59 violence offense and has at least one prior conviction of a
60 domestic violence offense.
61(5) REGISTRY. The registry of persistent domestic
62 violence offenders established within ALEA pursuant to Section
63 2.
64Section 2. (a) There is created within ALEA a registry
65 of persistent domestic violence offenders. The registry must
66 be made available on ALEA's website at no cost to the public.
67(b) The registry shall include all of the following
68 information:
69(1) The persistent offender's full name and date of
70 birth.
71(2) The persistent offender's conviction date and the
72 county or counties where each conviction occurred.
73(3) A current photograph of the offender.
74(c) The registry may not include:
75(1) A persistent offender's address, Social Security
76 number, driver license number, or any other state or federal
77 identification number; or
78(2) Any information that would identify the victim of a
79 domestic violence offense.
80Section 3. (a)(1) If an individual is convicted of a
81 second or subsequent domestic violence offense, the court,
82 upon proof of any prior conviction of a domestic violence
83 offense, shall order the defendant to register with ALEA as a
84 persistent domestic violence offender.
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85(2) The registration requirement applies to individuals
86 convicted of a second or subsequent domestic violence offense
87 that occurred on or after January 1, 2027, provided that a
88 prior conviction may have occurred before January 1, 2027.
89(b)(1) If an individual is ordered to register as a
90 persistent domestic violence offender under subsection (a),
91 not later than seven days after the conviction, the court
92 clerk shall forward ALEA a certified copy of the qualifying
93 conviction and the date of birth of the persistent offender.
94(2) If available after reasonable inquiry, the court
95 clerk shall also provide ALEA with a copy of the persistent
96 offender's driver license or other state or federal
97 identification, and any other identifying data that ALEA
98 determines is necessary to properly identify the persistent
99 offender and exclude innocent individuals, provided that only
100 the information specified in Section 2 may be published on the
101 registry.
102(c) Notwithstanding Article 1, Chapter 5 of Title 13A,
103 Code of Alabama 1975, and in addition to any other punishment
104 that may be imposed for a conviction of a domestic violence
105 offense, a defendant required to register pursuant to this act
106 shall be assessed a one hundred fifty dollar ($150)
107 registration fee, which shall be paid to the clerk of the
108 court imposing the sentence. The clerk of the court shall:
109(1) Retain fifty dollars ($50) of the fee for the
110 administration of this act, which must be reserved only for
111 the purposes authorized by this section; and
112(2) Remit one hundred dollars ($100) to the Alabama
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113 Department of Economic and Community Affairs for deposit into
114 the Domestic Violence Trust Fund, created pursuant to Section
115 30-6-11, Code of Alabama 1975.
116Section 4. (a) ALEA shall remove the name and other
117 identifying information of a persistent domestic violence
118 offender required to register under this section as follows:
119(1) Five years after the date of the most recent
120 conviction of a domestic violence offense if the persistent
121 offender has one prior conviction of a domestic violence
122 offense.
123(2) Seven years after the date of the most recent
124 conviction of a domestic violence offense if the persistent
125 offender has two prior convictions of domestic violence
126 offenses.
127(3) Ten years after the date of the most recent
128 conviction of a domestic violence offense if the persistent
129 offender has three prior convictions of domestic violence
130 offenses.
131(4) Twenty years after the date of the most recent
132 conviction of a domestic violence offense if the persistent
133 offender has four or more prior convictions of domestic
134 violence offenses.
135(b) Any subsequent conviction of a domestic violence
136 offense after the persistent offender's initial registration
137 shall restart the calculation of time provided in subsection
138 (a).
139Section 5. ALEA shall adopt rules to implement and
140 administer this section.
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141Section 6. This act shall become effective on January
142 1, 2027.
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