HB301INTRODUCED
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QH9O51-1
By Representative Ingram
RFD: Public Safety and Homeland Security
First Read: 12-Apr-23
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5 QH9O51-1 04/12/2023 CMH (L)bm 2023-1171
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SYNOPSIS:
This bill would establish a list of criminal
offenses which are deemed to be felonies dangerous to
human life.
This bill would provide enhanced criminal
penalties for the possession, brandishing, or discharge
of a firearm during the commission of a felony
dangerous to human life.
This bill would provide prohibitions on the
possession of a firearm by certain individuals released
on bond or personal recognizance when the underlying
criminal offense for which the person was arrested is a
felony dangerous to human life.
This bill would prohibit the possession of a
firearm by certain individuals previously convicted of
a felony dangerous to human life within a 25-year
period.
This bill would also provide criminal penalties
for a violation.
Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
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specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to firearms; to amend Section 13A-11-84, Code
of Alabama 1975; to establish a list of criminal offenses
deemed felonies dangerous to human life; to provide enhanced
criminal penalties for the possession, brandishing, or
discharge of a firearm during the commission of a felony
dangerous to human life; to provide prohibitions on the
possession of a firearm by certain individuals released on
bond or personal recognizance for certain underlying criminal
offenses; to prohibit the possession of a firearm by certain
individuals convicted of a felony dangerous to human life
under certain conditions; to provide criminal penalties for a
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violation; to make; and in connection therewith would have as
its purpose or effect the requirement of a new or increased
expenditure of local funds within the meaning of Section
111.05 of the Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. As used in this act, the term "felony
dangerous to human life" shall include any of the following
offenses
(1) Capital murder pursuant to Sections 13A-6-2 and
13A-5-40, Code of Alabama 1975.
(2) Murder pursuant to Section 13A-6-2, Code of Alabama
1975.
(3) Manslaughter pursuant to Section 13A-6-3, Code of
Alabama 1975, except the term does not include manslaughter
arising out of the operation of a vehicle.
(4) A sex offense that is enumerated under Section
15-20A-5, Code of Alabama 1975, which involves any of the
following:
a. Force.
b. Incapacitation.
c. A child under 12 years of age.
(5) Assault I pursuant to Section 13A-6-20, Code of
Alabama 1975.
(6) Assault II pursuant to Section 13A-6-21, Code of
Alabama 1975.
(7) Kidnapping I pursuant to Section 13A-6-43, Code of
Alabama 1975.
(8) Kidnapping II pursuant to Section 13A-6-44, Code of
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Alabama 1975.
(9) Enticing a child to enter a vehicle for immoral
purposes pursuant to Section 13A-6-69, Code of Alabama 1975.
(10) Aggravated stalking pursuant to Section 13A-6-91,
Code of Alabama 1975.
(11) Domestic violence I pursuant to Section 13A-6-130,
Code of Alabama 1975.
(12) Domestic violence II pursuant to Section
13A-6-131, Code of Alabama 1975.
(13) Burglary I pursuant to Section 13A-7-5, Code of
Alabama 1975.
(14) Burglary II pursuant to Section 13A-7-6, Code of
Alabama 1975.
(15) Arson I pursuant to Section 13A-7-41, Code of
Alabama 1975.
(16) Arson II pursuant to Section 13A-7-42, Code of
Alabama 1975.
(17) Robbery I pursuant to Section 13A-8-41, Code of
Alabama 1975.
(18) Pharmacy robbery pursuant to Section 13A-8-51,
Code of Alabama 1975.
(19) Escape I pursuant to Section 13A-10-31, Code of
Alabama 1975.
(20) Production of obscene matter involving a minor
pursuant to Section 13A-12-197, Code of Alabama 1975.
(21) Torture, willful abuse, etc., of a child pursuant
to Section 26-15-3, Code of Alabama 1975.
(22) Aggravated child abuse pursuant to 26-15-3.1, Code
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of Alabama 1975.
(23) Elder abuse pursuant to Section 38-9-7, Code of
Alabama 1975.
(24) Human trafficking I pursuant to Section 13A-6-152,
Code of Alabama 1975.
(25) Human trafficking II pursuant to Section
13A-6-153, Code of Alabama 1975.
(26) An offense involving the use of a deadly weapon
fired or otherwise used from outside a dwelling while the
victim is inside a dwelling.
(27) An offense involving the use of a deadly weapon
fired or otherwise used within or from a vehicle.
(28) Any substantially similar offense for which an
Alabama offender has been convicted under prior Alabama law or
the law of any other state, the District of Columbia, the
United States, or any of the territories of the United States.
Section 2. (a)(1) Any person who knowingly possesses or
brandishes, as provided in Section 13A-11-7(c), a firearm
during the commission or attempted commission of a felony
dangerous to human life, in addition to any other term of
imprisonment, shall be sentenced to a term of imprisonment of
not less than 10 years.
(2) Any person who knowingly discharges a firearm
during the commission or attempted commission of a felony
dangerous to human life, in addition to any other term of
imprisonment, shall be sentenced to a term of imprisonment of
not less than 15 years.
(b) A person who commits a second or subsequent
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violation of subdivision (1) or (2) of subsection (a) shall be
sentenced to an additional term of imprisonment of not less
than 20 years.
(c) Notwithstanding any other provision of law, any
term of imprisonment imposed pursuant to this section shall
run consecutive with any other term of imprisonment for any
other offense and shall not be eligible for any of the
following:
(1) Probation.
(2) Community corrections.
(3) Any split or suspended sentence provision pursuant
to Section 15-18-8, Code of Alabama 1975.
(4) Any type of early release program, work release
program, good time, or any other program which would change
the overall time or location of incarceration.
(5) Any sentencing schedule or worksheet adopted,
created, or otherwise released by the Alabama Sentencing
Commission.
Section 3. (a) It shall be unlawful for any person
charged with the commission or attempted commission of any
felony dangerous to human life, and thereafter released on
bond or personal recognizance, to knowingly have a firearm in
his or her possession or under his or her control.
(b) Unless waived by the defendant, a person may not be
convicted for violating this section unless the person is
first convicted of having committed a felony dangerous to
human life, or a lesser included offense, which gave rise to
the charge and for which the person was released on bail or
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personal recognizance.
(c)(1) Any person who violates subsection (a) shall be
guilty of a Class B felony and imprisoned for not less than 5
years.
(2) Upon a second or subsequent violation of subsection
(a), the person shall be guilty of a Class A felony and
sentenced to a term of imprisonment of not less than 10 years.
(d) The penalties provided in subsection (c) shall be
in addition to any penalty provided for the underlying felony
dangerous to human life which gave rise to the charge under
this section.
(e) Notwithstanding any other provision of law, the
term of imprisonment provided in subsection (c) shall run
consecutive with any other term of imprisonment for any other
offense and the person shall not be eligible for any of the
following:
(1) Probation.
(2) Community corrections.
(3) Any split or suspended sentence provision pursuant
to Section 15-18-8, Code of Alabama 1975.
(4) Any type of early release program, work release
program, good time, or any other program which would change
the overall time or location of incarceration.
(5) Any sentencing schedule or worksheet adopted,
created, or otherwise released by the Alabama Sentencing
Commission.
Section 4. (a) It shall be unlawful for any person to
knowingly have a firearm in his or her possession or under his
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or her control when the person, within the preceding 25 year
period, has been convicted of committing or attempting to
commit a felony dangerous to human life.
(b)(1) Any person who knowingly violates subsection (a)
shall be guilty of a Class B felony and imprisoned for not
less than 5 years.
(2) Upon a second or subsequent violation of subsection
(a), the person shall be guilty of a Class A felony and
sentenced to a term of imprisonment of not less than 10 years.
(c) Notwithstanding any other provision of law, the
term of imprisonment provided in subsection (b) shall run
consecutive with any other term of imprisonment for any other
offense and the person shall not be eligible for any of the
following:
(1) Probation.
(2) Community corrections.
(3) Any split or suspended sentence provision pursuant
to Section 15-18-8, Code of Alabama 1975.
(4) Any type of early release program, work release
program, good time, or any other program which would change
the overall time or location of incarceration.
(5) Any sentencing schedule or worksheet adopted,
created, or otherwise released by the Alabama Sentencing
Commission.
Section 5. Section 13A-11-84, Code of Alabama 1975, is
amended to read as follows:
"ยง13A-11-84
(a) Every Except as otherwise provided in Section 4 of
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the act amending this section, a violation of subsection (a)
of Section 13A-11-72 (a) or Section 13A-11-81 shall be a Class
C felony.
(b) Every violation of subsection (b) of Section
13A-11-72 or Sections 13A-11-73, 13A-11-74, 13A-11-76, and
13A-11-77 through 13A-11-80 shall be a Class A misdemeanor.
The punishment for violating Section 13A-11-78 or 13A-11-79
may include revocation of license.
(b)(c)(1) It shall be the duty of any sheriff,
policeman, or other peace officer of the State of Alabama, law
enforcement officer in this state arresting any person charged
with violating Sections 13A-11-71 through 13A-11-73, or any
one or more of those sections, to seize the pistol or pistols
in the possession or under the control of the person or
persons charged with violating the section or sections, and to
deliver the pistol or pistols to one of the following named
persons:
a.ifIf a municipal officer makes the arrest, to the
city clerk or custodian of stolen property of the municipality
employing the arresting officer ; if.
b. If a county, state, or other peace officer makes the
arrest, to the sheriff of the county in which the arrest is
made.
(2) The person receiving the pistol or pistols from the
arresting officer shall keep it in a safe place in as good
condition as received until disposed of as hereinafter
provided in this subsection .
(3) Within five days after the final conviction of any
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person arrested for violating any of the above-numbered
sections enumerated in subsection (a) , the person receiving
possession of the pistol or pistols, seized as provided in
this section, shall report the seizure and detention of the
pistol or pistols to the district attorney within the county
where the pistol or pistols are seized , giving a full
description thereof, including the number, make , and model
thereof, the name of the person in whose possession it was
found when seized, the person making claim to same or any
interest therein, if the name can be ascertained or is known,
and the date of the seizure.
(4) Upon receipt of the report from the person
receiving possession of the pistol or pistols, it shall be the
duty of the district attorney within the county wherein the
pistol or pistols were seized to forthwith the district
attorney shall file a complaint in the circuit court of the
proper county, praying requesting that the seized pistol or
pistols be declared contraband, be forfeited to the state , and
be destroyed or used for law enforcement purposes .
(5) Any person, firm or corporation , or association of
persons in whose possession claiming to own or have an
interest in the pistol or pistols may be seized or who claim
to own the same or any interest therein shall be made a party
defendant to the complaint, and thereupon the matter shall
proceed and be determined in the circuit court of the proper
county in the same form and manner , as near as may be, as in
the forfeiture and destruction of gaming devices, except as
otherwise provided.
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(6) When any judgment of condemnation and forfeiture is
made in any case filed under this section, the judge making
the judgment court shall direct the destruction of the pistol
or pistols by the person receiving possession of the pistol or
pistols from the arresting officer in the presence of the
clerk or register of the court , unless the judge .
(7) Notwithstanding subdivision (6), if the court is of
the opinion that the nondestruction thereof of the pistol or
pistols is necessary or proper in the ends of justice, in
which event and upon recommendation of the district attorney,
the judge court shall award the pistol or pistols to the
sheriff of the county or to the chief of police of the
municipality to be used exclusively by the sheriff or the
chief of police in the enforcement of law, and the for law
enforcement purposes. The sheriff of the county and the chiefs
of police of the municipalities shall keep a permanent record
of all pistols awarded to them , as provided for in this
section, to be accounted for as other public property , and the
order, in.
(8) In the event that no appeal is taken within 15 days
from the rendition thereof , the court's order shall be carried
out and executed before the expiration of 20 days from the
date of the judgment. The court may direct in the judgment
that the costs of the proceedings be paid by the person in
whose possession the pistol or pistols were found when seized,
or by any party or parties who claim to own the pistol or
pistols, or any interest therein, and who contested the
condemnation and forfeiture thereof."
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Section 6. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 7. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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