HB37ENROLLED
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5LUD63-2
By Representative Hill
RFD: Judiciary
First Read: 07-Mar-23
2023 Regular Session
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Enrolled, An Act,
Relating to crimes and offenses; to create the crime of
making a terrorist threat in the second degree; to establish
penalties for violations; to repeal Section 13A-10-15, Code of
Alabama 1975, the existing crime of making a terrorist threat,
and create the new crime of making a terrorist threat in the
first degree; 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. Article 10, commencing with Section
13A-10-240, is added to Chapter 10 of Title 13A of the Code of
Alabama 1975, to read as follows:
§13A-10-240
As used in this article, the following terms have the
following meanings:
(1) PROPERTY. Personal or real property. The term
includes, but is not limited to, any of the following
buildings or real property:
a. A church, mosque, synagogue, or other religious real
property.
b. A public or private school.
(2) THREATEN. A person threatens another if all of the
following occur:
a. The person intentionally and knowingly makes a
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statement verbally, in writing, by means of an electronic
communication device, or by any other means to harm a person
or property.
b. The statement is communicated to another person.
c. Under the circumstances, the threatened harm is
credible and imminent.
d. The statement, on its face and under the
circumstances in which it is made, is so unequivocal,
immediate, and specific as to convey to the person threatened,
a gravity of purpose and an immediate prospect of execution of
the threat.
e. The statement causes the person to reasonably be in
sustained fear for his or her own safety or for the object of
the threat.
(3) WEAPONS OF MASS DESTRUCTION. Any of the following:
a. A destructive device as defined in 18 U.S.C. § 921.
b. A weapon that is designed or intended to cause death
or serious bodily injury through the release, dissemination,
or impact of toxic or poisonous chemicals.
c. A weapon involving a biological agent, toxin, or
vector, as those terms are defined in 18 U.S.C. § 178.
d. A weapon that is designed to release radiation or
radioactivity at a level dangerous to human life.
§13A-10-241
(a) A person commits the crime of making a terrorist
threat in the first degree when he or she, based on an
objective evaluation, credibly threatens to commit a crime of
violence against a person or to damage any property by use of
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a bomb, explosive, weapon of mass destruction, firearm, deadly
weapon, or other mechanism and any of the following occurs:
(1) The threat causes the evacuation of any real
property.
(2) The threat causes the disruption of a school,
church, or government activity.
(3) The threat is with intent to retaliate against the
victim because of his or her involvement or participation as
any of the following:
a. A witness or party in any judicial or administrative
proceeding.
b. A person who produced records, documents, or other
objects in a judicial or administrative proceeding.
c. A person who provided to a law enforcement officer,
adult or juvenile probation officer, prosecuting attorney, or
judge any information relating to the commission or possible
commission of an offense under the laws of this state, of the
United States, or a violation of conditions of bail, pretrial
release, probation, or parole.
(b) The crime of making a terrorist threat in the first
degree is a Class C felony.
§13A-10-242
(a) A person commits the crime of making a terrorist
threat in the second degree when he or she, based on an
objective evaluation, credibly threatens to commit a crime of
violence against a person or to damage any property by use of
a bomb, explosive, weapon of mass destruction, firearm, deadly
weapon, or other mechanism.
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(b) The crime of making a terrorist threat in the
second degree is a Class A misdemeanor.
Section 2. Section 13A-10-15, Code of Alabama 1975,
relating to the crime of making a terrorist threat, is
repealed.
Section 3. 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 4. This act shall take effect 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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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 11-Apr-23.
John Treadwell
Clerk
Senate 31-May-23 Passed
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