AL
Alabama Senate Bill SB143

Alabama 2023 Regular Session

Alabama Senate Bill SB143 Compare Versions

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4-By Senators Barfoot, Elliott, Givhan, Livingston, Williams,
5-Price, Scofield, Chesteen, Shelnutt, Sessions, Chambliss,
6-Allen, Butler, Stutts, Melson, Gudger, Weaver
3+KMIX5A-1
4+By Senator Barfoot
75 RFD: Judiciary
86 First Read: 23-Mar-23
9-2023 Regular Session
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18-Enrolled, An Act,
19-Relating to crimes and offenses; to add Article 12,
20-commencing with Section 13A-6-260, to Chapter 6 of Title 13A
21-to the Code of Alabama 1975, to identify criminal enterprise
22-members, to enhance penalties for any criminal activity that
23-benefits, promotes, or furthers the interest of a criminal
24-enterprise, and to establish mandatory consecutive penalties
25-for any firearm possession in certain circumstances; to amend
26-Section 12-15-204, Code of Alabama 1975, to require any
27-juvenile 16 years of age or older to be tried as an adult for
28-any criminal enterprise related criminal activity; and in
29-connection therewith would have as its purpose or effect the
30-requirement of a new or increased expenditure of local funds
31-within the meaning of Section 111.05 of the Constitution of
32-Alabama of 2022.
33-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
34-Section 1. Article 12, commencing with Section
35-13A-6-260, is added to Chapter 6 of Title 13A, Code of Alabama
36-1975, to read as follows:
37-§13A-6-260
38-For the purposes of this article, the following terms
39-have the following meanings:
40-(3) DESTRUCTIVE DEVICE. The same meaning as in Section
41-13A-10-190.
42-(4) FIREARM. Any of the following:
13+SYNOPSIS:
14+This bill would identify gang members.
15+This bill would enhance penalties for any
16+criminal activity that benefits, promotes, or furthers
17+the interest of a gang.
18+The bill would establish mandatory consecutive
19+penalties for any individual who knowingly possesses,
20+uses, or carries a firearm during the commission of any
21+act intended to benefit, promote, or further the
22+interest of a gang.
23+Under existing law, juveniles who are 16 years
24+of age or older are tried as an adult for certain
25+crimes.
26+This bill would require any juvenile 16 years of
27+age or older to be tried as an adult for any gang
28+related criminal activity.
29+Section 111.05 of the Constitution of Alabama of
30+2022, prohibits a general law whose purpose or effect
31+would be to require a new or increased expenditure of
32+local funds from becoming effective with regard to a
33+local governmental entity without enactment by a 2/3
34+vote unless: it comes within one of a number of
35+specified exceptions; it is approved by the affected
36+entity; or the Legislature appropriates funds, or
37+provides a local source of revenue, to the entity for
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72-a. Any weapon which will, is designed to, or may
73-readily be converted to expel a projectile by the action of an
74-explosive or the frame or receiver of any such weapon.
75-b. A firearm silencer.
76-c. A destructive device.
77-(5) FIREARMS SILENCER. Any device for silencing,
78-muffling, or diminishing the report of a portable firearm,
79-including any combination of parts, designed or redesigned,
80-and intended for use in assembling or fabricating a firearm
81-silencer, and any part intended only for use in such assembly
82-or fabrication.
83-(1) CRIMINAL ENTERPRISE. Any combination,
84-confederation, alliance, network, conspiracy, understanding,
85-or other similar arrangement in law or in fact, including a
86-streetgang as defined in Section 13A-6-26, of three or more
87-persons, through its membership or through the agency of any
88-member, that engages in a course or pattern of criminal
89-activity.
90-(2) CRIMINAL ENTERPRISE MEMBER. An individual who meets
91-three or more of the following at the time of the planning or
92-commission of the underlying offense:
93-a. Admits to criminal enterprise membership.
94-b. Is voluntarily identified as a criminal enterprise
95-member by a parent or guardian.
96-c. Is identified as a criminal enterprise member by a
97-reliable informant.
98-d. Adopts the style of dress of a criminal enterprise.
99-e. Adopts the use of a hand sign identified as used by
67+the purpose.
68+The purpose or effect of this bill would be to
69+require a new or increased expenditure of local funds
70+within the meaning of the amendment. However, the bill
71+does not require approval of a local governmental
72+entity or enactment by a 2/3 vote to become effective
73+because it comes within one of the specified exceptions
74+contained in the amendment.
75+A BILL
76+TO BE ENTITLED
77+AN ACT
78+Relating to crimes and offenses; to add Article 12,
79+commencing with Section 13A-6-260, to Chapter 6 of Title 13A
80+to the Code of Alabama 1975, to identify gang members, to
81+enhance penalties for any criminal activity that benefits,
82+promotes, or furthers the interest of a gang, and to establish
83+mandatory consecutive penalties for any firearm possession in
84+certain circumstances; to amend Section 12-15-204, Code of
85+Alabama 1975, to require any juvenile 16 years of age or older
86+to be tried as an adult for any gang related criminal
87+activity; and in connection therewith would have as its
88+purpose or effect the requirement of a new or increased
89+expenditure of local funds within the meaning of Section
90+111.05 of the Constitution of Alabama of 2022.
91+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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129-a criminal enterprise.
130-f. Has a tattoo identified as used by a criminal
131-enterprise.
132-g. Associates with one or more known criminal
133-enterprise members.
134-h. Is identified as a criminal enterprise member by
135-physical evidence.
136-i. Has been observed in the company of one or more
137-known criminal enterprise members four or more times.
138-Observation in a custodial setting requires a willful
139-association. This paragraph may be used to identify criminal
140-enterprise members who recruit and organize in jails, prisons,
141-and other detention settings.
142-j. Has authored any communication indicating
143-responsibility for the commission of any crime by a criminal
144-enterprise. Where a single act or factual transaction
145-satisfied the requirements of more than one of the criteria in
146-this subdivision, each of those criteria has been satisfied
147-for the purposes of this subdivision.
148-(6) MACHINE GUN. Any weapon that shoots, is designed to
149-shoot, or can be readily restored to shoot automatically more
150-than one shot, without manual reloading, by a single function
151-of the trigger. The term shall also include the frame receiver
152-of any such weapon, any part designed and intended solely and
153-exclusively, or combination of parts designed and intended,
154-for use in converting a weapon into a machine gun, and any
155-combination of parts from which a machine gun can be assembled
156-if such parts are in the possession or under the control of a
121+Section 1. Article 12, commencing with Section
122+13A-6-260, is added to Chapter 6 of Title 13A, Code of Alabama
123+1975, to read as follows:
124+§13A-6-260
125+For the purposes of this article, the following terms
126+have the following meanings:
127+(1) DESTRUCTIVE DEVICE. The same meaning as in Section
128+13A-10-190.
129+(2) FIREARM. Any of the following:
130+a. Any weapon which will, is designed to, or may
131+readily be converted to expel a projectile by the action of an
132+explosive or the frame or receiver of any such weapon.
133+b. A firearm silencer.
134+c. A destructive device.
135+(3) FIRARMS SILENCER. Any device for silencing,
136+muffling, or diminishing the report of a portable firearm,
137+including any combination of parts, designated or
138+redesignated, and intended for use in assembling or
139+fabricating a firearm silencer, and any part intended only for
140+use in such assembly or fabrication.
141+(4) GANG. The same meaning as "streetgang" in Section
142+13A-6-26.
143+(5) GANG MEMBER. An individual who meets either of the
144+following at the time of the planning or commission of the
145+underlying offense:
146+a. He or she meets one or more of the following:
147+1. Admits to gang membership.
148+2. Is identified as a gang member by a parent or
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186-person.
187-(7) SHORT-BARRELED RIFLE. The same meaning as in
188-Section 13A-11-62.
189-(8) SHORT-BARRELED SHOTGUN. The same meaning as in
190-Section 13A-11-62.
191-§13A-6-261
192-Upon a finding, beyond a reasonable doubt, that a
193-criminal enterprise member has committed the charged offense
194-for the purpose of benefiting, promoting, or furthering the
195-interest of a criminal enterprise, the following sentencing
196-enhancements shall apply:
197-(1) On conviction of a Class A felony, he or she shall
198-be punished not less than 25 years.
199-(2) On conviction of a Class B felony, he or she shall
200-be punished for a Class A felony.
201-(3) On conviction of a Class C felony, he or she shall
202-be punished for a Class B felony.
203-§13A-6-262
204-(a) Any individual who knowingly possesses, uses, or
205-carries a firearm during the commission of any criminal act
206-intended to benefit, promote, or further the interest of a
207-criminal enterprise shall be punished as follows:
208-(1) To a term of imprisonment of not less than five
209-years.
210-(2) If the firearm is brandished, to a term of
211-imprisonment of not less than seven years.
212-(3) If the firearm is discharged, to a term of
213-imprisonment of not less than 10 years.
178+guardian.
179+3. Is identified as a gang member by a documented
180+reliable informant.
181+4. Is identified as a gang member by an informant of
182+previously untested reliability and the identification is
183+corroborated by independent information.
184+b. He or she meets three or more of the following:
185+1. Adopts the style of dress of a gang.
186+2. Adopts the use of a hand sign identified as used by
187+a gang.
188+3. Has a tattoo identified as used by a gang.
189+4. Associates with one or more known gang members.
190+5. Is identified as a gang member by physical evidence.
191+6. Has been observed in the company of one or more
192+known gang members four or more times. Observation in a
193+custodial setting requires a willful association. This
194+subparagraph may be used to identify gang members who recruit
195+and organize in jails, prisons, and other detention settings.
196+7. Has authored any communication indicating
197+responsibility for the commission of any crime by a gang.
198+Where a single act or factual transaction satisfied the
199+requirements of more than one of the criteria in this
200+subdivision, each of those criteria has been satisfied for the
201+purposes of this subdivision.
202+(6) MACHINE GUN. Any weapon that shoots, is designed to
203+shoot, or can be readily restored to shoot automatically more
204+than one shot, without manual reloading, by a single function
205+of the trigger. The term shall also include the frame receiver
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243-(4) If the firearm possessed is a short-barreled rifle
244-or short-barreled shotgun, to a term of imprisonment of not
245-less than 10 years.
246-(5) If the firearm possessed is a machine gun, a
247-destructive device, or is equipped with a firearm silencer, to
248-a term of imprisonment of not less than 30 years.
249-(b) The term of imprisonment imposed under subsection
250-(a) shall be served day for day and shall not be reduced or
251-suspended by any provision of law.
252-(c) No term of imprisonment imposed on a person
253-pursuant to this section shall run concurrently with any term
254-of imprisonment, including any term of imprisonment imposed
255-pursuant to Section 13A-6-261.
256-(d) An offender sentenced pursuant to Section
257-13A-6-261, who is also convicted of a violation under this
258-section, shall serve the term of imprisonment imposed pursuant
259-to this section before serving the term of imprisonment
260-imposed pursuant to Section 13A-6-261.
261-§13A-6-263
262-The Attorney General, in coordination with the district
263-attorneys, shall annually report to the Legislature the number
264-of convictions secured under this article.
265-Section 2. Section 12-15-204, Code of Alabama 1975, is
266-amended to read as follows:
267-"§12-15-204
268-(a) Notwithstanding any other provision of law, any
269-person who has attained the age of 16 years at the time of the
270-conduct charged and who is charged with the commission of any
235+of any such weapon, any part designed and intended solely and
236+exclusively, or combination of parts designed and intended,
237+for use in converting a weapon into a machine gun, and any
238+combination of parts from which a machine gun can be assembled
239+if such parts are in the possession or under the control of a
240+person.
241+(7) SHORT-BARRELED RIFLE. The same meaning as in
242+Section 13A-11-62.
243+(8) SHORT-BARRELED SHOTGUN. The same meaning as in
244+Section 13A-11-62.
245+§13A-6-261
246+Upon a finding, beyond a reasonable doubt, that a gang
247+member has committed the charged offense for the purpose of
248+benefiting, promoting, or furthering the interest of a gang,
249+the following sentencing enhancements shall apply:
250+(1) On conviction of a Class A felony, he or she shall
251+be punished not less than 25 years.
252+(2) On conviction of a Class B felony, he or she shall
253+be punished for a Class A felony.
254+(3) On conviction of a Class C felony, he or she shall
255+be punished for a Class B felony.
256+(4) On conviction of a Class D felony, he or she shall
257+be punished for a Class C felony.
258+§13A-6-262
259+(a) Any individual who knowingly possesses, uses, or
260+carries a firearm during the commission of any act intended to
261+benefit, promote, or further the interest of a gang shall be
262+punished as follows:
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292+(1) To a term of imprisonment of not less than five
293+years.
294+(2) If the firearm is brandished, to a term of
295+imprisonment of not less than seven years.
296+(3) If the firearm is discharged, to a term of
297+imprisonment of not less than 10 years.
298+(4) If the firearm possessed is a short-barreled rifle
299+or short-barreled shotgun, to a term of imprisonment of not
300+less than 10 years.
301+(5) If the firearm possessed is a machine gun, a
302+destructive device, or is equipped with a firearm silencer, to
303+a term of imprisonment of not less than 30 years.
304+(b) No term of imprisonment imposed on a person
305+pursuant to this section shall run concurrently with any other
306+term of imprisonment, including any term of imprisonment for
307+the gang related activity during which the firearm was used,
308+carried, or possessed pursuant to Section 13A-11-261.
309+Section 2. Section 12-15-204, Code of Alabama 1975, is
310+amended to read as follows:
311+"§12-15-204
312+(a) Notwithstanding any other provision of law, any
313+person who has attained the age of 16 years at the time of the
314+conduct charged and who is charged with the commission of any
300315 act or conduct, which if committed by an adult would
301316 constitute any of the following, shall not be subject to the
302317 jurisdiction of juvenile court but shall be charged, arrested,
303318 and tried as an adult:
304319 (1) A capital offense.
305-(2) A Class A felony.
306-(3) A felony which has as an element thereof the use of
307-a deadly weapon.
308-(4) A felony which has as an element thereof the
309-causing of death or serious physical injury.
310-(5) A felony which has as an element thereof the use of
311-a dangerous instrument against any person who is one of the
312-following:
313-a. A law enforcement officer or official.
314-b. A correctional officer or official.
315-c. A parole or probation officer or official.
316-d. A juvenile court probation officer or official.
317-e. A district attorney or other prosecuting officer or
318-official.
319-f. A judge or judicial official.
320-g. A court officer or official.
321-h. A person who is a grand juror, juror, or witness in
322-any legal proceeding of whatever nature when the offense stems
323-from, is caused by, or is related to the role of the person as
324-a juror, grand juror, or witness.
325-i. A teacher, principal, or employee of the public
326-education system of Alabama.
327-(6) Trafficking in drugs in violation of Section
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349+(2) A Class A felony.
350+(3) A felony which has as an element thereof the use of
351+a deadly weapon.
352+(4) A felony which has as an element thereof the
353+causing of death or serious physical injury.
354+(5) A felony which has as an element thereof the use of
355+a dangerous instrument against any person who is one of the
356+following:
357+a. A law enforcement officer or official.
358+b. A correctional officer or official.
359+c. A parole or probation officer or official.
360+d. A juvenile court probation officer or official.
361+e. A district attorney or other prosecuting officer or
362+official.
363+f. A judge or judicial official.
364+g. A court officer or official.
365+h. A person who is a grand juror, juror, or witness in
366+any legal proceeding of whatever nature when the offense stems
367+from, is caused by, or is related to the role of the person as
368+a juror, grand juror, or witness.
369+i. A teacher, principal, or employee of the public
370+education system of Alabama.
371+(6) Trafficking in drugs in violation of Section
357372 13A-12-231, or as the same may be amended.
358373 (7) A violation of Article 12 of Chapter 6 of Title
359374 13A.
360375 (7)(8) Any lesser included offense of the above
361376 offenses charged or any lesser felony offense charged arising
362-from the same facts and circumstances and committed at the
363-same time as the offenses listed above. Provided, however,
364-that the juvenile court shall maintain original jurisdiction
365-over these lesser included offenses if the grand jury fails to
366-indict for any of the offenses enumerated in subsections
367-(a)(1) to (a)(6)(7), inclusive. The juvenile court shall also
368-maintain original jurisdiction over these lesser included
369-offenses, subject to double jeopardy limitations, if the court
370-handling criminal offenses dismisses all charges for offenses
371-enumerated in subsections (a)(1) to (a) (6)(7), inclusive.
372-(b) Notwithstanding any other provision of law, any
373-person who has been convicted or adjudicated a youthful
374-offender in a court handling criminal offenses pursuant to the
375-provisions of this section shall not thereafter be subject to
376-the jurisdiction of juvenile court for any pending or
377-subsequent offense. Provided, however, pursuant to Section
378-12-15-117, the juvenile court shall retain jurisdiction over
379-an individual of any age for the enforcement of any prior
380-orders of the juvenile court requiring the payment of fines,
381-court costs, restitution, or other money ordered by the
382-juvenile court until paid in full.
383-(c) This section shall apply to all cases in which the
384-alleged criminal conduct occurred after April 14, 1994. All
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406+from the same facts and circumstances and committed at the
407+same time as the offenses listed above. Provided, however,
408+that the juvenile court shall maintain original jurisdiction
409+over these lesser included offenses if the grand jury fails to
410+indict for any of the offenses enumerated in subsections
411+(a)(1) to (a)(6)(7), inclusive. The juvenile court shall also
412+maintain original jurisdiction over these lesser included
413+offenses, subject to double jeopardy limitations, if the court
414+handling criminal offenses dismisses all charges for offenses
415+enumerated in subsections (a)(1) to (a) (6)(7), inclusive.
416+(b) Notwithstanding any other provision of law, any
417+person who has been convicted or adjudicated a youthful
418+offender in a court handling criminal offenses pursuant to the
419+provisions of this section shall not thereafter be subject to
420+the jurisdiction of juvenile court for any pending or
421+subsequent offense. Provided, however, pursuant to Section
422+12-15-117, the juvenile court shall retain jurisdiction over
423+an individual of any age for the enforcement of any prior
424+orders of the juvenile court requiring the payment of fines,
425+court costs, restitution, or other money ordered by the
426+juvenile court until paid in full.
427+(c) This section shall apply to all cases in which the
428+alleged criminal conduct occurred after April 14, 1994. All
414429 conduct occurring before April 14, 1994, shall be governed by
415430 pre-existing law."
416431 Section 3. Although this bill would have as its purpose
417432 or effect the requirement of a new or increased expenditure of
418433 local funds, the bill is excluded from further requirements
419-and application under Section 111.05 of the Constitution of
420-Alabama of 2022, because the bill defines a new crime or
421-amends the definition of an existing crime.
422-Section 4. This act shall become effective on the first
423-day of the third month following its passage and approval by
424-the Governor, or its otherwise becoming law.
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437-________________________________________________
438-President and Presiding Officer of the Senate
439-________________________________________________
440-Speaker of the House of Representatives
441-SB143
442-Senate 24-May-23
443-I hereby certify that the within Act originated in and passed
444-the Senate, as amended.
445-Patrick Harris,
446-Secretary.
447-House of Representatives
448-Amended and passed: 01-Jun-23
449-Senate concurred in House amendment 01-Jun-23
450-By: Senator Barfoot
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463+and application under Section 111.05 of the Constitution of
464+Alabama of 2022, because the bill defines a new crime or
465+amends the definition of an existing crime.
466+Section 4. This act shall become effective on the first
467+day of the third month following its passage and approval by
468+the Governor, or its otherwise becoming law.
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