HB8 Alabama 2017 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

Regular Session 2017

Title

Driving under the influence, ignition interlock provisions, further provided for, required for persons approved for pretrial diversion, ignition interlock fee for municipal court cases distributed to municipality, fee for indigents lowered, Sec. 32-5A-191, 32-5A-191.4 am'd.

Summary

HB8 would expand hate-crime penalties to cover crimes motivated by sexual orientation or gender identity/expression, with specified minimum sentences for felonies and a minimum for certain misdemeanors.

What This Bill Does

The bill amends the hate-crimes statute to include sexual orientation and gender identity/expression as protected motives. It sets minimum sentences for offenses proven to be motivated by these characteristics: Class A felonies at least 15 years, Class B felonies at least 10 years, Class C felonies at least 2 years, and Class D felonies at least 18 months, with consideration under the Habitual Felony Offender Act if applicable. For certain misdemeanors, a Class A misdemeanor with a minimum of three months is required if the motive is proven. It also defines sexual orientation and clarifies the motive must be proven beyond a reasonable doubt.

Who It Affects

• Victims and potential victims who are targeted because of sexual orientation or gender identity/expression, who would be protected by stronger penalties for the offenders.
• Offenders convicted of crimes proven to be motivated by sexual orientation or gender identity/expression (both felonies and misdemeanors), who would face higher minimum sentences and potential habitual-offender consequences.

Key Provisions

• Amends Section 13A-5-13 to add sexual orientation and gender identity or expression to the protected motives behind hate-crime penalties.
• Felony penalties: minimum sentences by class if the crime was motivated by the victim's sexual orientation or gender identity/expression (A: at least 15 years; B: at least 10 years; C: at least 2 years; D: at least 18 months).
• Misdemeanor penalties: when proven beyond a reasonable doubt the motive includes sexual orientation or gender identity/expression, the defendant must be sentenced to a Class A misdemeanor with a minimum of three months.
• Habitual Felony Offender Act can apply to enhanced felony sentences under this section, if the offender has prior felony convictions.
• Defines sexual orientation as heterosexuality, homosexuality, or bisexuality.

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