HB191 Alabama 2023 Session

Summary

Primary Sponsor

Allen TreadawayRepresentative

Republican

Session

Regular Session 2023

Title

Relating to crimes and offenses; to add Article 12, commencing with Section 13A-6-260, to Chapter 6 of Title 13A to the Code of Alabama 1975, to identify gang members, to enhance penalties for any criminal activity that benefits, promotes, or furthers the interest of a gang, and to establish mandatory consecutive penalties for any firearm possession in certain circumstances; to amend Section 12-15-204, Code of Alabama 1975, to require any juvenile 16 years of age or older to be tried as an adult for any gang related criminal activity; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Summary

HB191 would identify gang members, stiffen penalties for gang-related crimes (especially involving firearms), and require 16-year-olds and older charged with gang activity to be tried as adults.

What This Bill Does

Creates a new article to identify gang members and define gang-related offenses, and sets penalties to punish crimes that benefit a gang. Establishes mandatory consecutive sentences for anyone who knowingly possesses, uses, or carries a firearm during the commission of a gang-related act. Requires any juvenile age 16 or older charged with gang-related criminal activity to be tried as an adult. Notes that the bill would involve new or increased local spending, but it is exempt from the constitutional local-expenditure rule and becomes effective on the first day of the third month after passage.

Who It Affects

• Individuals who could be identified as gang members under the bill’s criteria (membership could be determined by admissions, guardian identification, informants, tattoos, dress, association with known gang members, etc.).
• People charged with gang-related crimes, including juveniles 16 years or older who would be tried as adults and face enhanced penalties.

Key Provisions

• Adds Article 12 to Title 13A, defining terms: gang member, gang, firearm, and related weapons, and outlines criteria to identify gang members.
• §13A-6-261: If a gang member commits a crime to benefit or promote a gang, sentencing is enhanced (A felony ≥ 25 years; B felony raised to Class A; C to Class B; D to Class C).
• §13A-6-262: Carrying, using, or possessing a firearm during a gang offense triggers prison terms: at least 5 years (possession), at least 7 years (brandished), at least 10 years (discharged or certain firearms), and at least 30 years for machine guns, destructive devices, or silencers; sentences run consecutively with other terms.
• §12-15-204: Requires any person 16 or older charged with gang-related offenses to be charged, arrested, and tried as an adult.
• Section 3: Despite the bill’s potential local-expenditure impact, it is exempt from Section 111.05 of the 2022 Alabama Constitution because it defines a new crime or amends an existing one; effective date is the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.