HB403INTRODUCED
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HB403
84491HH-1
By Representatives Bedsole, Pettus, Treadaway, Stringer,
Woods, Brinyark, Starnes, Bolton, Shaver
RFD: Public Safety and Homeland Security
First Read: 06-Mar-25
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6 84491HH-1 03/05/2025 THR (L)ma 2025-1180
Page 1
First Read: 06-Mar-25
SYNOPSIS:
This bill would direct the Alabama State Law
Enforcement Agency to establish, develop, manage, and
maintain the Alabama Criminal Enterprise Database.
This bill would also provide for submission to
and use of the database.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Section
13A-6-260, Code of Alabama 1975, to further provide for
definitions; and to add Section 13A-6-264 to the Code of
Alabama 1975, to provide for the establishment, development,
management, and maintenance of the Alabama Criminal Enterprise
Database.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-6-260, Code of Alabama 1975, is
amended to read as follows:
"§13A-6-260
For the purposes of this article, the following terms
have the following meanings:
(1) ALEA. The Alabama State Law Enforcement Agency.
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(1) ALEA. The Alabama State Law Enforcement Agency.
(1)(2) 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)(3) CRIMINAL ENTERPRISE MEMBER. a. An individual who
meets three or more of the following at the time of the
planning or commission of the underlying offense:
a.1. Admits to criminal enterprise membership.
b.2. Is voluntarily identified as a criminal enterprise
member by a parent or guardian.
c.3. Is identified as a criminal enterprise member by a
reliable informant.
d.4. Adopts the style of dress of a criminal
enterprise.
e.5. Adopts the use of a hand sign identified as used
by a criminal enterprise.
f.6. Has a tattoo identified as used by a criminal
enterprise.
g.7. Associates with one or more known criminal
enterprise members.
h.8. Is identified as a criminal enterprise member by
physical evidence.
i.9. 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
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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 or other detention settings.
j.10. Has authored any communication indicating
responsibility for the commission of any crime by a criminal
enterprise.
b. Where a single act or factual transaction satisfied
the requirements of more than one of the criteria in this
subdivisionparagraph a., each of those criteria has been
satisfied for the purposes of this subdivisiondefinition.
(4) CRIMINAL JUSTICE AGENCY. Any federal law
enforcement agency, prosecuting agency, or corrections agency,
or any state, county, or municipal law enforcement agency,
prosecuting agency, or corrections agency in this state.
(5) DATABASE. The Alabama Criminal Enterprise Database.
(6) DATABASE INFORMATION. Any contents of the database
or any records that are generated by a criminal justice
agency's submission of information for inclusion in the
database.
(3)(7) DESTRUCTIVE DEVICE. The same meaning as in
Section 13A-10-190.
(4)(8) FIREARM. Any of the following:
a. Any weapon which will, is designed to, or may be
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)(9) FIREARMS SILENCER. Any device for silencing,
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(5)(9) FIREARMS SILENCER. Any device for silencing,
muffling, or diminishing the report of a portable firearm,
including any combination of parts, designed or redesigned,
and intended for use in assembling or fabricating a firearm
silencer, and any part intended only for use in such assembly
or fabrication.
(6)(10) 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 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.
(11) SECRETARY. The Secretary of ALEA.
(7)(12) SHORT-BARRELED RIFLE. The same meaning as in
Section 13A-11-62.
(8)(13) SHORT-BARRELED SHOTGUN. The same meaning as in
Section 13A-11-62."
Section 2. Section 13A-6-264 is added to the Code of
Alabama 1975, to read as follows:
§13A-6-264
(a) Subject to the availability of funding, ALEA shall
establish a statewide inter-jurisdictional criminal
intelligence system known as the Alabama Criminal Enterprise
Database.
(b) ALEA shall establish, develop, manage, and maintain
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(b) ALEA shall establish, develop, manage, and maintain
the database in accordance with the Criminal Intelligence
Systems Operating Policies adopted by the United States
Department of Justice and codified in 28 C.F.R. Part 23.
(c) Any criminal justice agency may submit information
for inclusion in the database.
(d) To the extent permitted under subsection (b), the
database may contain any information about a person reasonably
suspected of criminal conduct or activity that meets both of
the following criteria:
(1) The information is relevant to the person's
suspected criminal conduct or activity.
(2) The information is relevant to identifying an
individual as a criminal enterprise member or identifying a
criminal enterprise.
(e) Subject to rules established by the secretary, any
criminal justice agency may access the database for legitimate
law enforcement or criminal justice purposes.
(f) ALEA shall permit an individual or a criminal
justice agency to access the database for any of the following
reasons:
(1) As authorized pursuant to subsection (e).
(2) As necessary to establish, develop, manage, or
maintain the database.
(3) As necessary to comply with a person's rights under
the Constitution of the United States or the Constitution of
Alabama of 2022.
(4) As otherwise permitted under subsection (b).
(g) Database information shall be deemed confidential
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(g) Database information shall be deemed confidential
and shall not be subject to public disclosure under Article 3
of Chapter 12 of Title 36.
(h) In any criminal, civil, or administrative
proceeding, database information shall not be used as evidence
and shall not be subject to discovery by subpoena or
otherwise, unless the party using or seeking the information
is permitted to access the information pursuant to
subdivisions (f)(1), (f)(3), or (f)(4).
(i)(1) The secretary shall adopt rules establishing a
uniform digital process for criminal justice agencies to
submit information for inclusion in the database.
(2) The secretary shall adopt rules regarding the use
of database information and may establish and impose civil
penalties and other sanctions for the violation of such rules.
(3) The secretary may adopt rules that otherwise
promote the effective establishment, development, management,
maintenance, or use of the database in compliance with federal
standards.
Section 3. This act shall become effective on June 1,
2025.
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