SB433 Alabama 2010 Session

Summary

Primary Sponsor

Roger Bedford, Jr.

Democrat

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murder as part of street gang activity made a capital offense, Street Gang Act, Sec. 13A-5-49 am'd.; Sec. 13A-6-26 repealed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

The bill creates the Alabama Street Gang Act to define street gangs and related crimes, imposes new penalties for gang activities and graffiti, and adds gang activity as an aggravating factor in murder cases.

What This Bill Does

It defines terms for criminal street gangs, gang members, and graffiti; creates crimes for participating in a criminal syndicate and compelling gang membership, with corresponding felonies; restricts graffiti-related activities and imposes penalties, restitution, and possible juvenile community service or cleanup orders; and updates the law to treat murder by an active gang member as a potential aggravating circumstance for the death penalty. It repeals the existing statute on compelling street gang membership and makes other related amendments, including restitution and local-expenditure considerations. The act also provides that, when overlapping with other laws, the harsher penalty applies, and it becomes effective a few months after passage and governor approval.

Who It Affects

• Individuals who join, organize, finance, or assist criminal street gangs or syndicates would face new crimes and higher penalties (Class B, C, or A felonies depending on the conduct).
• Minors and their parents/guardians would face restitution, mandatory graffiti cleanup, and potential financial liability for property damage, with special juvenile court provisions.

Key Provisions

• Defines CRIMINAL STREET GANG, CRIMINAL STREET GANG MEMBER, CRIMINAL SYNDICATE, and GRAFFITI for the act.
• Creates crimes: participating in a criminal syndicate (Class B felony, with higher penalties for certain conduct), compelling street gang membership (Class C or Class A depending on age), and assisting a criminal syndicate (Class C, with higher penalties under certain conditions).
• Imposes graffiti-related offenses: prohibiting possession or sale of graffiti implements to minors, and establishing penalties for possession/distribution (Class A misdemeanor) and for damage (injury by graffiti) with a three-tier felony scheme based on the amount of damage; requires restitution and allows court-ordered graffiti cleanup, including juvenile-specific provisions.
• Adds aggravating circumstance to murder: murder by an active criminal street gang member, committed to further gang activities, can be an aggravating factor for the death penalty under 13A-5-49.
• Repeals Section 13A-6-26 (compelling street gang membership) and provides that, where this act overlaps with other laws, the harsher penalty applies.
• Includes a local-fund expenditure exemption under Amendment 621, meaning the act does not require 2/3-vote approval or local entity consent to become effective because it fits specified exceptions.

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