AL
Alabama House Bill HB37

Alabama 2023 Regular Session

Alabama House Bill HB37 Compare Versions

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44 By Representative Hill
55 RFD: Judiciary
66 First Read: 07-Mar-23
7-2023 Regular Session
7+PFD: 23-Feb-23
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14-Enrolled, An Act,
15-Relating to crimes and offenses; to create the crime of
16-making a terrorist threat in the second degree; to establish
17-penalties for violations; to repeal Section 13A-10-15, Code of
18-Alabama 1975, the existing crime of making a terrorist threat,
19-and create the new crime of making a terrorist threat in the
20-first degree; and in connection therewith would have as its
21-purpose or effect the requirement of a new or increased
22-expenditure of local funds within the meaning of Section
23-111.05 of the Constitution of Alabama of 2022.
24-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25-Section 1. Article 10, commencing with Section
26-13A-10-240, is added to Chapter 10 of Title 13A of the Code of
27-Alabama 1975, to read as follows:
28-§13A-10-240
29-As used in this article, the following terms have the
30-following meanings:
31-(1) PROPERTY. Personal or real property. The term
32-includes, but is not limited to, any of the following
33-buildings or real property:
34-a. A church, mosque, synagogue, or other religious real
35-property.
36-b. A public or private school.
37-(2) THREATEN. A person threatens another if all of the
38-following occur:
39-a. The person intentionally and knowingly makes a
14+SYNOPSIS:
15+Under existing law, the crime of making a
16+terrorist threat is a Class C felony.
17+This bill would also create the crime of making
18+a terrorist threat in the second degree and provide for
19+penalties.
20+This bill would repeal the existing crime of
21+making a terrorist threat and create the new crime of
22+making a terrorist threat in the first degree.
23+Section 111.05 of the Constitution of Alabama of
24+2022, prohibits a general law whose purpose or effect
25+would be to require a new or increased expenditure of
26+local funds from becoming effective with regard to a
27+local governmental entity without enactment by a 2/3
28+vote unless: it comes within one of a number of
29+specified exceptions; it is approved by the affected
30+entity; or the Legislature appropriates funds, or
31+provides a local source of revenue, to the entity for
32+the purpose.
33+The purpose or effect of this bill would be to
34+require a new or increased expenditure of local funds
35+within the meaning of the amendment. However, the bill
36+does not require approval of a local governmental
37+entity or enactment by a 2/3 vote to become effective
38+because it comes within one of the specified exceptions
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69-statement verbally, in writing, by means of an electronic
70-communication device, or by any other means to harm a person
71-or property.
72-b. The statement is communicated to another person.
73-c. Under the circumstances, the threatened harm is
74-credible and imminent.
75-d. The statement, on its face and under the
76-circumstances in which it is made, is so unequivocal,
77-immediate, and specific as to convey to the person threatened,
78-a gravity of purpose and an immediate prospect of execution of
79-the threat.
80-e. The statement causes the person to reasonably be in
81-sustained fear for his or her own safety or for the object of
82-the threat.
83-(3) WEAPONS OF MASS DESTRUCTION. Any of the following:
84-a. A destructive device as defined in 18 U.S.C. § 921.
85-b. A weapon that is designed or intended to cause death
86-or serious bodily injury through the release, dissemination,
87-or impact of toxic or poisonous chemicals.
88-c. A weapon involving a biological agent, toxin, or
89-vector, as those terms are defined in 18 U.S.C. § 178.
90-d. A weapon that is designed to release radiation or
91-radioactivity at a level dangerous to human life.
92-§13A-10-241
93-(a) A person commits the crime of making a terrorist
94-threat in the first degree when he or she, based on an
95-objective evaluation, credibly threatens to commit a crime of
96-violence against a person or to damage any property by use of
68+contained in the amendment.
69+A BILL
70+TO BE ENTITLED
71+AN ACT
72+Relating to crimes and offenses; to create the crime of
73+making a terrorist threat in the second degree; to establish
74+penalties for violations; to repeal Section 13A-10-15, Code of
75+Alabama 1975, the existing crime of making a terrorist threat,
76+and create the new crime of making a terrorist threat in the
77+first degree; and in connection therewith would have as its
78+purpose or effect the requirement of a new or increased
79+expenditure of local funds within the meaning of Section
80+111.05 of the Constitution of Alabama of 2022.
81+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
82+Section 1. Article 10, commencing with Section
83+13A-10-240, is added to Chapter 10 of Title 13A of the Code of
84+Alabama 1975, to read as follows:
85+§13A-10-240
86+As used in this article, the following terms have the
87+following meanings:
88+(1) PROPERTY. Personal or real property. The term
89+includes, but is not limited to, any of the following
90+buildings or real property:
91+a. A church, mosque, synagogue, or other religious real
92+property.
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126-a bomb, explosive, weapon of mass destruction, firearm, deadly
127-weapon, or other mechanism and any of the following occurs:
128-(1) The threat causes the evacuation of any real
129-property.
130-(2) The threat causes the disruption of a school,
131-church, or government activity.
132-(3) The threat is with intent to retaliate against the
133-victim because of his or her involvement or participation as
134-any of the following:
135-a. A witness or party in any judicial or administrative
136-proceeding.
137-b. A person who produced records, documents, or other
138-objects in a judicial or administrative proceeding.
139-c. A person who provided to a law enforcement officer,
140-adult or juvenile probation officer, prosecuting attorney, or
141-judge any information relating to the commission or possible
142-commission of an offense under the laws of this state, of the
143-United States, or a violation of conditions of bail, pretrial
144-release, probation, or parole.
145-(b) The crime of making a terrorist threat in the first
146-degree is a Class C felony.
147-§13A-10-242
148-(a) A person commits the crime of making a terrorist
149-threat in the second degree when he or she, based on an
150-objective evaluation, credibly threatens to commit a crime of
151-violence against a person or to damage any property by use of
152-a bomb, explosive, weapon of mass destruction, firearm, deadly
153-weapon, or other mechanism.
122+b. A public or private school.
123+(2) THREATEN. A person threatens another if all of the
124+following occur:
125+a. The person intentionally and knowingly makes a
126+statement verbally, in writing, by means of an electronic
127+communication device, or by any other means to harm a person
128+or property.
129+b. The statement is communicated to another person.
130+c. Under the circumstances, the threatened harm is
131+credible and imminent.
132+d. The statement, on its face and under the
133+circumstances in which it is made, is so unequivocal,
134+immediate, and specific as to convey to the person threatened,
135+a gravity of purpose and an immediate prospect of execution of
136+the threat.
137+e. The statement causes the person to reasonably be in
138+sustained fear for his or her own safety or for the object of
139+the threat.
140+(3) WEAPONS OF MASS DESTRUCTION. Any of the following:
141+a. A destructive device as defined in 18 U.S.C. § 921.
142+b. A weapon that is designed or intended to cause death
143+or serious bodily injury through the release, dissemination,
144+or impact of toxic or poisonous chemicals.
145+c. A weapon involving a biological agent, toxin, or
146+vector, as those terms are defined in 18 U.S.C. § 178.
147+d. A weapon that is designed to release radiation or
148+radioactivity at a level dangerous to human life.
149+§13A-10-241
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179+(a) A person commits the crime of making a terrorist
180+threat in the first degree when he or she, based on an
181+objective evaluation, credibly threatens to commit a crime of
182+violence against a person or to damage any property by use of
183+a bomb, explosive, weapon of mass destruction, firearm, deadly
184+weapon, or other mechanism and any of the following occurs:
185+(1) The threat causes the evacuation of any real
186+property.
187+(2) The threat causes the disruption of a school,
188+church, or government activity.
189+(3) The threat is with intent to retaliate against the
190+victim because of his or her involvement or participation as
191+any of the following:
192+a. A witness or party in any judicial or administrative
193+proceeding.
194+b. A person who produced records, documents, or other
195+objects in a judicial or administrative proceeding.
196+c. A person who provided to a law enforcement officer,
197+adult or juvenile probation officer, prosecuting attorney, or
198+judge any information relating to the commission or possible
199+commission of an offense under the laws of this state, of the
200+United States, or a violation of conditions of bail, pretrial
201+release, probation, or parole.
202+(b) The crime of making a terrorist threat in the first
203+degree is a Class C felony.
204+§13A-10-242
205+(a) A person commits the crime of making a terrorist
206+threat in the second degree when he or she, based on an
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236+objective evaluation, credibly threatens to commit a crime of
237+violence against a person or to damage any property by use of
238+a bomb, explosive, weapon of mass destruction, firearm, deadly
239+weapon, or other mechanism.
183240 (b) The crime of making a terrorist threat in the
184241 second degree is a Class A misdemeanor.
185242 Section 2. Section 13A-10-15, Code of Alabama 1975,
186243 relating to the crime of making a terrorist threat, is
187244 repealed.
188245 Section 3. Although this bill would have as its purpose
189246 or effect the requirement of a new or increased expenditure of
190247 local funds, the bill is excluded from further requirements
191248 and application under Section 111.05 of the Constitution of
192249 Alabama of 2022, because the bill defines a new crime or
193250 amends the definition of an existing crime.
194251 Section 4. This act shall take effect on the first day
195252 of the third month, following its passage and approval by the
196253 Governor, or its otherwise becoming law.
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212-________________________________________________
213-Speaker of the House of Representatives
214-________________________________________________
215-President and Presiding Officer of the Senate
216-House of Representatives
217-I hereby certify that the within Act originated in and
218-was passed by the House 11-Apr-23.
219-John Treadwell
220-Clerk
221-Senate 31-May-23 Passed
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