HB413 Alabama 2016 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

Regular Session 2016

Title

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

Summary

HB413 would add sexual orientation and gender identity/expression to Alabama's hate-crime penalties and set minimum sentences for offenses motivated by those factors.

What This Bill Does

It amends the hate-crimes law to include the victim's sexual orientation or gender identity/expression as protected motives for enhanced punishment. If the underlying crime is proven beyond a reasonable doubt to be motivated by these factors, the offender faces minimum sentences tied to the felony class (A: 15 years, B: 10 years, C: 2 years, D: 18 months) and a minimum three-month sentence for Class A misdemeanors, with possible habitual-offender enhancements. The act defines sexual orientation and specifies the law's effective date.

Who It Affects

• Victims whose sexual orientation or gender identity/expression is the target of crimes, who would receive harsher penalties for offenses motivated by those factors.
• Offenders convicted of felonies or misdemeanors where the crime was shown to be motivated by the victim's sexual orientation or gender identity/expression, who would face higher minimum sentences and potential habitual-offender penalties.

Key Provisions

• Adds sexual orientation and gender identity/expression to protected motives for enhanced penalties under §13A-5-13.
• Felonies: minimum sentences when the crime was motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, physical/mental disability, sexual orientation, or gender identity/expression (A: ≥15 years, B: ≥10 years, C: ≥2 years, D: ≥18 months).
• Misdemeanors: minimum sentence of a Class A misdemeanor with at least 3 months when the crime was motivated by the listed factors.
• Defines sexual orientation as heterosexuality, homosexuality, or bisexuality.
• Allows additional punishment under the Habitual Felony Offender Act for those previously convicted and enhanced under this section.
• Effective date: becomes law on the first day of the third month after passage/approval.

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