HB785 Alabama 2010 Session

Summary

Primary Sponsor

Randy Davis

Republican

Co-Sponsors

Jim McClendonJim BartonSteve ClouseBarry MaskDavid GrimesMicky HammonSpencer CollierAllen TreadawayBenjamin H. LewisMary Sue McClurkinSteve McMillanJoe FaustH. Mac GipsonMac McCutcheonGregory CanfieldPat MooreJay LoveMike BallJack WilliamsDickie DrakeGerald H. AllenHarry ShiverK.L. Brown

Session

Regular Session 2010

Title

Gangs, criminal street gang defined, membership prohibited, graffiti prohibited, murder as part of street gang activity made a capital offense, Street Gang Act, Sec. 13A-5-49 am'd.; Sec. 13A-6-26 repealed

Summary

HB785 would create the Alabama Street Gang Act to define gangs and related crimes, set new penalties for gang activity and graffiti, and add a murder aggravating factor for death-penalty cases when committed by an active gang member.

What This Bill Does

It defines terms such as criminal street gang, criminal street gang member, criminal syndicate, and graffiti. It creates crimes and penalties for participating in a criminal syndicate, compelling street gang membership, and related activity, including more severe penalties for gang-related murder. It regulates graffiti, prohibiting certain graffiti implements for minors, specifying penalties by degree based on damage, and requiring restitution and possible court-ordered graffiti cleanup. It repeals the existing law on compelling street gang membership and changes evidence rules to allow gang-related evidence and expert testimony, while noting local funding considerations under Amendment 621.

Who It Affects

• Criminal street gang members and those who organize or participate in criminal syndicates, who would face new crimes and penalties for gang activity.
• Minors and their parents/guardians, who could face penalties, restitution, and required graffiti cleanup or community service in juvenile cases.

Key Provisions

• Defines criminal street gang, criminal street gang member, criminal syndicate, and graffiti.
• Creates offenses and penalties for participating in a criminal syndicate (Class B felony), compelling street gang membership (Class C felony, rising to Class A if over 18 and the other person is under 18), and related acts; repeals related prior statute.
• Establishes graffiti-related offenses, including restrictions on sale to minors, penalties for injury by graffiti (Class B felony first degree, Class C felony second degree, Class A misdemeanor third degree), and court-ordered restitution and cleanup; includes provisions for minor offenders and parental liability.
• Provides aggravating circumstances for capital murder when the killer is an active gang member and acts to advance gang objectives.
• Provides evidentiary rules allowing admission of gang-related evidence and expert testimony; permits consideration of gang signs and symbols to prove membership.
• Amends Amendment 621 to clarify local expenditure requirements; notes exceptions to local funding rules and that the bill does not require local approval under those exceptions.
• Repeals Section 13A-6-26 (compelling street gang membership) and sets the effective date as the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses