HB28 Alabama 2012 Session

Summary

Primary Sponsor

Patricia Todd

Democrat

Session

Regular Session 2012

Title

Hate crimes, motivated by victim's sexual orientation, additional penalties imposed, Sec. 13A-5-13 am'd.

Summary

HB28 would add hate-crime penalties in Alabama for offenses motivated by the victim's sexual orientation or gender identity or expression.

What This Bill Does

The bill amends the hate-crime statute to include sexual orientation and gender identity or expression as protected motives for enhanced penalties. If a crime is proven to be motivated by these factors, the offender faces specified minimum sentences for felonies and a minimum sentence for Class A misdemeanors, with additional consideration for habitual offender status. It also defines sexual orientation to include heterosexuality, homosexuality, and bisexuality, and sets an effective date for the changes.

Who It Affects

• Offenders who commit felonies or misdemeanors and are proven beyond a reasonable doubt to have been motivated by the victim's sexual orientation or gender identity or expression, who would receive minimum sentences and potential enhancements.
• Protected individuals whose safety is reinforced by the law, as crimes against them motivated by their sexual orientation or gender identity or expression would be subject to harsher penalties for offenders.

Key Provisions

• Adds sexual orientation and gender identity or expression to the list of factors that trigger additional penalties when underlying offenses are motivated by these traits.
• Felony penalties: Class A felonies not less than 15 years; Class B felonies not less than 10 years; Class C felonies not less than 2 years, when motivated by the protected traits.
• Misdemeanor penalty: Class A misdemeanor with a minimum sentence of 3 months when the offense was motivated by the protected traits.
• If the defendant has a prior felony and receives an enhanced sentence under this section, they are subject to enhanced punishment under the Alabama Habitual Felony Offender Act.
• Defines 'sexual orientation' as heterosexuality, homosexuality, or bisexuality and states the act becomes effective on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses