SB143ENGROSSED
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KMIX5A-2
By Senators Barfoot, Elliott, Givhan, Livingston, Williams,
Price, Scofield, Chesteen, Shelnutt, Sessions, Chambliss,
Allen, Butler, Stutts, Melson, Gudger, Weaver
RFD: Judiciary
First Read: 23-Mar-23
2023 Regular Session
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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 criminal enterprise
members, to enhance penalties for any criminal activity that
benefits, promotes, or furthers the interest of a criminal
enterprise, 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 criminal enterprise 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:
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
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For the purposes of this article, the following terms
have the following meanings:
(3) DESTRUCTIVE DEVICE. The same meaning as in Section
13A-10-190.
(4) 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.
(5) FIREARMS 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.
(1) CRIMINAL ENTERPRISE. Any combination,
confederation, alliance, network, conspiracy, understanding,
or other similar arrangement in law or in fact, including a
streetgang as defined in Section 13A-6-26, of three or more
persons, through its membership or through the agency of any
member, that engages in a course or pattern of criminal
activity.
(2) CRIMINAL ENTERPRISE MEMBER. An individual who meets
three or more of the following at the time of the planning or
commission of the underlying offense:
a. Admits to criminal enterprise membership.
b. Is voluntarily identified as a criminal enterprise
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member by a parent or guardian.
c. Is identified as a criminal enterprise member by a
reliable informant.
d. Adopts the style of dress of a criminal enterprise.
e. Adopts the use of a hand sign identified as used by
a criminal enterprise.
f. Has a tattoo identified as used by a criminal
enterprise.
g. Associates with one or more known criminal
enterprise members.
h. Is identified as a criminal enterprise member by
physical evidence.
i. Has been observed in the company of one or more
known criminal enterprise members four or more times.
Observation in a custodial setting requires a willful
association. This paragraph may be used to identify criminal
enterprise members who recruit and organize in jails, prisons,
and other detention settings.
j. Has authored any communication indicating
responsibility for the commission of any crime by a criminal
enterprise. 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
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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
criminal enterprise member has committed the charged offense
for the purpose of benefiting, promoting, or furthering the
interest of a criminal enterprise, 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.
§13A-6-262
(a) Any individual who knowingly possesses, uses, or
carries a firearm during the commission of any criminal act
intended to benefit, promote, or further the interest of a
criminal enterprise shall be punished as follows:
(1) To a term of imprisonment of not less than five
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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) The term of imprisonment imposed under subsection
(a) shall be served day for day and shall not be reduced or
suspended by any provision of law.
(c) No term of imprisonment imposed on a person
pursuant to this section shall run concurrently with any term
of imprisonment, including any term of imprisonment imposed
pursuant to Section 13A-6-261.
(d) An offender sentenced pursuant to Section
13A-6-261, who is also convicted of a violation under this
section, shall serve the term of imprisonment imposed pursuant
to this section before serving the term of imprisonment
imposed pursuant to Section 13A-6-261.
§13A-6-263
The Attorney General, in coordination with the district
attorneys, shall annually report to the Legislature the number
of convictions secured under this article.
Section 2. Section 12-15-204, Code of Alabama 1975, is
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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.
(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
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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
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
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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
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.
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Senate
Read for the first time and referred
to the Senate committee on Judiciary
................23-Mar-23
Read for the second time and placed
on the calendar:
0 amendments
................19-Apr-23
Read for the third time and passed
as amended
Yeas 32
Nays 0
Abstains 0
................24-May-23
Patrick Harris,
Secretary.
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