SB143INTRODUCED
Page 0
KMIX5A-1
By Senator Barfoot
RFD: Judiciary
First Read: 23-Mar-23
1
2
3
4
5 KMIX5A-1 03/22/2023 CNB (L)bm 2023-600
Page 1
SYNOPSIS:
This bill would identify gang members.
This bill would enhance penalties for any
criminal activity that benefits, promotes, or furthers
the interest of a gang.
The bill would establish mandatory consecutive
penalties for any individual who knowingly possesses,
uses, or carries a firearm during the commission of any
act intended to benefit, promote, or further the
interest of a gang.
Under existing law, juveniles who are 16 years
of age or older are tried as an adult for certain
crimes.
This bill would require any juvenile 16 years of
age or older to be tried as an adult for any gang
related criminal activity.
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
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 SB143 INTRODUCEDSB143 INTRODUCED
Page 2
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 crimes and offenses; to add Article 12,
commencing with Section 13A-6-260, to Chapter 6 of Title 13A
to the Code of Alabama 1975, to identify gang members, to
enhance penalties for any criminal activity that benefits,
promotes, or furthers the interest of a gang, and to establish
mandatory consecutive penalties for any firearm possession in
certain circumstances; to amend Section 12-15-204, Code of
Alabama 1975, to require any juvenile 16 years of age or older
to be tried as an adult for any gang related criminal
activity; 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:
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 SB143 INTRODUCEDSB143 INTRODUCED
Page 3
Section 1. Article 12, commencing with Section
13A-6-260, is added to Chapter 6 of Title 13A, Code of Alabama
1975, to read as follows:
§13A-6-260
For the purposes of this article, the following terms
have the following meanings:
(1) DESTRUCTIVE DEVICE. The same meaning as in Section
13A-10-190.
(2) FIREARM. Any of the following:
a. Any weapon which will, is designed to, or may
readily be converted to expel a projectile by the action of an
explosive or the frame or receiver of any such weapon.
b. A firearm silencer.
c. A destructive device.
(3) FIRARMS SILENCER. Any device for silencing,
muffling, or diminishing the report of a portable firearm,
including any combination of parts, designated or
redesignated, and intended for use in assembling or
fabricating a firearm silencer, and any part intended only for
use in such assembly or fabrication.
(4) GANG. The same meaning as "streetgang" in Section
13A-6-26.
(5) GANG MEMBER. An individual who meets either of the
following at the time of the planning or commission of the
underlying offense:
a. He or she meets one or more of the following:
1. Admits to gang membership.
2. Is identified as a gang member by a parent or
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 SB143 INTRODUCEDSB143 INTRODUCED
Page 4
guardian.
3. Is identified as a gang member by a documented
reliable informant.
4. Is identified as a gang member by an informant of
previously untested reliability and the identification is
corroborated by independent information.
b. He or she meets three or more of the following:
1. Adopts the style of dress of a gang.
2. Adopts the use of a hand sign identified as used by
a gang.
3. Has a tattoo identified as used by a gang.
4. Associates with one or more known gang members.
5. Is identified as a gang member by physical evidence.
6. Has been observed in the company of one or more
known gang members four or more times. Observation in a
custodial setting requires a willful association. This
subparagraph may be used to identify gang members who recruit
and organize in jails, prisons, and other detention settings.
7. Has authored any communication indicating
responsibility for the commission of any crime by a gang.
Where a single act or factual transaction satisfied the
requirements of more than one of the criteria in this
subdivision, each of those criteria has been satisfied for the
purposes of this subdivision.
(6) MACHINE GUN. Any weapon that shoots, is designed to
shoot, or can be readily restored to shoot automatically more
than one shot, without manual reloading, by a single function
of the trigger. The term shall also include the frame receiver
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 SB143 INTRODUCEDSB143 INTRODUCED
Page 5
of any such weapon, any part designed and intended solely and
exclusively, or combination of parts designed and intended,
for use in converting a weapon into a machine gun, and any
combination of parts from which a machine gun can be assembled
if such parts are in the possession or under the control of a
person.
(7) SHORT-BARRELED RIFLE. The same meaning as in
Section 13A-11-62.
(8) SHORT-BARRELED SHOTGUN. The same meaning as in
Section 13A-11-62.
§13A-6-261
Upon a finding, beyond a reasonable doubt, that a gang
member has committed the charged offense for the purpose of
benefiting, promoting, or furthering the interest of a gang,
the following sentencing enhancements shall apply:
(1) On conviction of a Class A felony, he or she shall
be punished not less than 25 years.
(2) On conviction of a Class B felony, he or she shall
be punished for a Class A felony.
(3) On conviction of a Class C felony, he or she shall
be punished for a Class B felony.
(4) On conviction of a Class D felony, he or she shall
be punished for a Class C felony.
§13A-6-262
(a) Any individual who knowingly possesses, uses, or
carries a firearm during the commission of any act intended to
benefit, promote, or further the interest of a gang shall be
punished as follows:
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 SB143 INTRODUCEDSB143 INTRODUCED
Page 6
(1) To a term of imprisonment of not less than five
years.
(2) If the firearm is brandished, to a term of
imprisonment of not less than seven years.
(3) If the firearm is discharged, to a term of
imprisonment of not less than 10 years.
(4) If the firearm possessed is a short-barreled rifle
or short-barreled shotgun, to a term of imprisonment of not
less than 10 years.
(5) If the firearm possessed is a machine gun, a
destructive device, or is equipped with a firearm silencer, to
a term of imprisonment of not less than 30 years.
(b) No term of imprisonment imposed on a person
pursuant to this section shall run concurrently with any other
term of imprisonment, including any term of imprisonment for
the gang related activity during which the firearm was used,
carried, or possessed pursuant to Section 13A-11-261.
Section 2. Section 12-15-204, Code of Alabama 1975, is
amended to read as follows:
"§12-15-204
(a) Notwithstanding any other provision of law, any
person who has attained the age of 16 years at the time of the
conduct charged and who is charged with the commission of any
act or conduct, which if committed by an adult would
constitute any of the following, shall not be subject to the
jurisdiction of juvenile court but shall be charged, arrested,
and tried as an adult:
(1) A capital offense.
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 SB143 INTRODUCEDSB143 INTRODUCED
Page 7
(2) A Class A felony.
(3) A felony which has as an element thereof the use of
a deadly weapon.
(4) A felony which has as an element thereof the
causing of death or serious physical injury.
(5) A felony which has as an element thereof the use of
a dangerous instrument against any person who is one of the
following:
a. A law enforcement officer or official.
b. A correctional officer or official.
c. A parole or probation officer or official.
d. A juvenile court probation officer or official.
e. A district attorney or other prosecuting officer or
official.
f. A judge or judicial official.
g. A court officer or official.
h. A person who is a grand juror, juror, or witness in
any legal proceeding of whatever nature when the offense stems
from, is caused by, or is related to the role of the person as
a juror, grand juror, or witness.
i. A teacher, principal, or employee of the public
education system of Alabama.
(6) Trafficking in drugs in violation of Section
13A-12-231, or as the same may be amended.
(7) A violation of Article 12 of Chapter 6 of Title
13A.
(7)(8) Any lesser included offense of the above
offenses charged or any lesser felony offense charged arising
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 SB143 INTRODUCEDSB143 INTRODUCED
Page 8
from the same facts and circumstances and committed at the
same time as the offenses listed above. Provided, however,
that the juvenile court shall maintain original jurisdiction
over these lesser included offenses if the grand jury fails to
indict for any of the offenses enumerated in subsections
(a)(1) to (a)(6)(7), inclusive. The juvenile court shall also
maintain original jurisdiction over these lesser included
offenses, subject to double jeopardy limitations, if the court
handling criminal offenses dismisses all charges for offenses
enumerated in subsections (a)(1) to (a) (6)(7), inclusive.
(b) Notwithstanding any other provision of law, any
person who has been convicted or adjudicated a youthful
offender in a court handling criminal offenses pursuant to the
provisions of this section shall not thereafter be subject to
the jurisdiction of juvenile court for any pending or
subsequent offense. Provided, however, pursuant to Section
12-15-117, the juvenile court shall retain jurisdiction over
an individual of any age for the enforcement of any prior
orders of the juvenile court requiring the payment of fines,
court costs, restitution, or other money ordered by the
juvenile court until paid in full.
(c) This section shall apply to all cases in which the
alleged criminal conduct occurred after April 14, 1994. All
conduct occurring before April 14, 1994, shall be governed by
pre-existing law."
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
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224 SB143 INTRODUCEDSB143 INTRODUCED
Page 9
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 become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
225
226
227
228
229
230