HB85INTRODUCED
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HB85
ZU33RRK-1
By Representative Woods
RFD: Judiciary
First Read: 04-Feb-25
PFD: 06-Jan-25
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6 ZU33RRK-1 01/06/2025 KMS (L)KMS 2024-2601
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PFD: 06-Jan-25
SYNOPSIS:
Under existing law the crime of making a
terrorist threat in the first degree is a Class C
felony and the crime of making a terrorist threat in
the second degree is a Class A misdemeanor.
This bill would increase the criminal penalties
for the crimes of making a terrorist threat in the
first degree and making a terrorist threat in the
second degree.
Under existing law, a K-12 public school is
required to immediately suspend from attending regular
classes any student whose conduct is in violation of
local board of education policy and warrants criminal
charges and may only readmit the student when the
student satisfies certain conditions prescribed by the
local board of education.
This bill would require the public school
principal to sign a complaint if the conduct of the
student warrants criminal charges, would specifically
require the immediate one-year suspension of any
student charged with the crime of making a terrorist
threat in the first or second degree, would provide
further for the readmittance of the student under
certain conditions, and would require restitution upon
a finding of guilt.
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a finding of guilt.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Sections
13A-10-241, as amended by Act 2024-229, 2024 Regular Session,
13A-10-242, and 16-1-24.1, Code of Alabama 1975; to increase
the penalties for the crime of making a terrorist threat in
the first and second degrees; to require a public school
principal to sign a complaint if the conduct of the student
warrants any criminal charges; to specifically provide that
being charged with either crime is a reason for which a
student shall immediately be suspended for a minimum of one
year; to provide further for the conditions of readmittance;
and to provide for restitution upon a finding of guilt.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-10-241, as amended by Act
2024-229, 2024 Regular Session, 13A-10-242, and 16-1-24.1 of
the Code of Alabama 1975, are amended to read as follows:
"§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
a bomb, explosive, weapon of mass destruction, firearm, deadly
weapon, or other mechanism and any of the following occurs:
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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.
(4) The threat is made against an elected public
official or his or her staff.
(b) The crime of making a terrorist threat in the first
degree is a Class C B 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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weapon, or other mechanism.
(b) The crime of making a terrorist threat in the
second degree is a Class A misdemeanor D felony.
"§16-1-24.1
(a) The Legislature finds a compelling public interest
in ensuring that schools are made safe and drug-free for all
students and school employees. The Legislature finds the need
for a comprehensive safe school and drug-free school policy to
be adopted by the State Board of Education. This policy should
establish minimum standards for classes of offenses and
prescribe uniform minimum procedures and penalties for those
who violate the policies. It is the intent of the Legislature
that our schools remain safe and drug-free for all students
and school employees. The State Board of Education shall adopt
and all local boards of education shall uniformly enforce
policies that protect all students and school employees. The
State Board of Education shall require local school systems to
modify their policies, practices , or procedures so as to
ensure a safe school environment free of illegal drugs,
alcohol, or weapons. Any rules and regulations adopted by the
State Board of Education pursuant to this section shall be
exempt from Section 41-22-3(3). These modifications shall
include the formulation of a discipline plan setting forth
policies, practices, and procedures dealing with students or
other persons individuals who bring illegal drugs, alcohol, or
weapons on a school campus. The discipline plan shall also
include uniform drug-free school policies with uniform
penalties.
(b) The principal shall notify appropriate law
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(b) The principal shall notify appropriate law
enforcement officials when any person student or school
employee violates local board of education policies concerning
drugs, alcohol, weapons, physical harm to a person an
individual, or threatened physical harm to a person an
individual. If any criminal charge is warranted arising from
the conduct, the principal is authorized to shall sign the
appropriate a warrant or complaint. If that person individual
is a student enrolled in any public school in the State of
Alabama this state, the local school system shall immediately
suspend that person student from attending regular classes and
schedule a hearing at the earliest possible date , which shall
not be later than five school days pursuant to the due process
procedures provided in Section 16-1-14. The length of the
suspension shall depend on the outcome of the disciplinary
hearing before the local board of education . The decision to
suspend or initiate initiation of criminal charges against a
student, or both, shall include a review and consideration of
the student's exceptional status, if applicable, under Chapter
39, or appropriate federal statutory or case law.
(c) If a person Except as otherwise provided in
subsection (e), if a student or school employee is found to
have violated a local board of education policy concerning
drugs, alcohol, weapons, physical harm to a person an
individual, or threatened physical harm to a person an
individual, the person student or school employee may not be
readmitted to the public schools of this state until (1): (i)
all criminal charges or offenses arising from the conduct, if
any, have been disposed of by appropriate authorities ; and (2)
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any, have been disposed of by appropriate authorities ; and (2)
(ii) the person student or school employee has satisfied all
other requirements imposed by the local board of education as
a condition for readmission.
(d) Any person Except as otherwise provided in
subsection (e), any student or school employee determined to
be guilty adjudicated or convicted of an a criminal offense
involving drugs, alcohol, weapons, physical harm to a person
an individual, or threatened physical harm to a person an
individual, may not be readmitted to the public schools of
this state upon such until the student or school employee has
satisfied the conditions as prescribed by the local board of
education shall prescribe for preservation of the safety or
security of students and employees of the local school board
of education, which may include, but are not limited to,
psychiatric or psychological evaluation and counseling.
(e)(1) If a student is charged with the crime of making
a terrorist threat in the first or second degree, he or she
shall be immediately suspended from attending regular classes
and banned from all public K-12 school property in the state
for a minimum of one year, or earlier upon the dismissal of
all related criminal charges. The student may not be
readmitted to the public schools of this state until: (i) all
criminal charges or offenses arising from the conduct have
been disposed of by appropriate authorities; (ii) the student
has completed a psychiatric or psychological evaluation and
counseling prescribed by the court, at the expense of the
parent or guardian of the student; and (iii) the student has
satisfied all other requirements imposed by the local board of
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satisfied all other requirements imposed by the local board of
education as a condition for readmission.
(2) In addition to the recovery of damages and court
costs provided in subdivision (f)(3), upon a student being
adjudicated or convicted of the crime of making a terrorist
threat in the first or second degree, the student shall be
expelled from school and the court shall order the student and
the parent or guardian of the student to pay restitution to
law enforcement, emergency medical service providers, and the
local board of education for any costs incurred relating to
the crime.
(e)(f)(1) A copy of the school system's discipline plan
shall be distributed to all students enrolled in the system
and their parents , or guardians, or custodians shall read the
plan and sign a statement verifying that they have been given
notice of the discipline policies of their respective school
system. The school local board of education shall have its
official discipline plan reviewed on an annual basis to ensure
that its policies and procedures are currently in compliance
with applicable statutes, case law, and state and federal
constitutional provisions.
(2) All The discipline plans plan of a school systems
system shall include, but not be limited to, all of the
following:
a. A parent, or guardian, custodian, or person ,
excluding a foster parent, responsible for the care or control
of a minor child student enrolled in a public school system
shall be responsible financially for such child's the
destructive acts of the student against school property or
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destructive acts of the student against school property or
persons another individual .
b. A parent, or guardian, custodian, or person ,
excluding a foster parent, responsible for the care or control
of a minor child student enrolled in a public school system
may be requested to appear at the school by an appropriate
school official for a conference regarding the acts of the
child student specified in paragraph a.
c. A parent, or guardian, custodian, or person ,
excluding a foster parent, responsible for the care or control
of a minor child student enrolled in a public school system
who has been summoned by proper notification by an appropriate
school official shall be required under this provision to
attend such the discipline conference specified in paragraph
b.
(3) Any public school system shall be entitled to may
recover actual damages, plus necessary court costs, from the
parent or guardian, or both, of any minor student who
maliciously and willfully damages or destroys property
belonging to the school system. However, this section This
subdivision shall not apply to parents any parent whose
parental control of any child a student has been removed by
court order or decree or to parents any parent of an
exceptional children child with specific mental and physical
impairments if the damage is determined to result from the
impairments. The action authorized in this section subdivision
shall be in addition to all other actions which the school
system is entitled to may maintain and nothing in this section
subdivision shall preclude recovery in a greater amount from
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subdivision shall preclude recovery in a greater amount from
the minor student or from a person an individual, including
the parents or guardian, or both, for damages to which such
minor other person the student would otherwise be liable.
(4) This section shall apply only to acts committed on
or after August 1, 1992.
(f)(g) The local school board of education shall adopt
and make available to all teachers, school personnel,
students, and parents or guardians, at the beginning of the
1992-93 school year and each school year thereafter, a code of
student conduct developed in consultation with teachers,
school personnel, students, and parents or guardians. The code
shall be based on the rules governing student conduct and
discipline adopted by the school local board of education and
may be made available at the school level in the student
handbook or similar publication. The code shall include, but
not be limited to, all of the following:
(1) Specific grounds for disciplinary action.
(2) Procedures to be followed for acts requiring
discipline.
(3) An explanation of the responsibilities and rights
of students with regard to attendance, respect for persons
individuals, entities, and property, knowledge and observation
of rules of conduct, the right to learn, free speech and
student publications, assembly, privacy, and participation in
school programs and activities.
(g)(h) Except in the case of excessive force or cruel
and unusual punishment, no certified or noncertified employee
of the State Board of Education or any local board of
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of the State Board of Education or any local board of
education shall be civilly liable for any action carried out
in conformity with state law and system or school rules
regarding the control, discipline, suspension, and expulsion
of students.
(h)(i) Nothing in this section shall be construed to
prevent a local board of education from promulgating adopting
more stringent rules and regulations than those adopted on the
state level, in order to foster and maintain a safe and
drug-free environment in the public schools."
Section 2. This act shall become effective on July 1,
2025.
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