SB143 Alabama 2023 Session

Summary

Primary Sponsor

Will BarfootSenator

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 criminal enterprise members, to enhance penalties for any criminal activity that benefits, promotes, or furthers the interest of a criminal enterprise, 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 criminal enterprise 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

SB143 would identify gang members, raise penalties for gang-related crimes, require 16-year-olds and older to be tried as adults for gang offenses, and impose mandatory consecutive penalties for firearms used in gang activity.

What This Bill Does

It creates a new article to define criminal enterprises and their members, and to identify members using specific criteria. It imposes enhanced penalties for crimes that benefit, promote, or further a criminal enterprise, with steeper sentences for Class A, B, and C felonies. It adds mandatory consecutive prison terms for possessing, using, or carrying a firearm during gang-related crimes, with various minimums depending on the firearm, and requires these firearm penalties to run before other penalties. It also changes juvenile court rules so that any offender aged 16 or older charged with gang-related activity is tried as an adult, and it requires annual reporting of convictions related to these provisions.

Who It Affects

• Gang members and other individuals involved in criminal enterprises in Alabama, who could be identified as members and face enhanced penalties for enterprise-related crimes and stricter firearm penalties.
• Juveniles aged 16 and older who commit gang-related crimes, who would be tried as adults rather than in juvenile court.

Key Provisions

• Adds Article 12 to Title 13A, Chapter 6, defining criminal enterprise, criminal enterprise member, and related terms, with criteria to identify members (e.g., admission, identification by guardians or informants, associations, dress, tattoos, evidence, and conduct).
• Sets enterprise-related sentencing enhancements: Class A felonies >= 25 years; Class B felonies treated as Class A; Class C felonies treated as Class B when the offense is for benefiting/promoting/furthering the enterprise.
• Imposes firearm penalties during enterprise offenses: 5-year minimum (non-brandished), 7 years if brandished, 10 years if discharged; 10 years for short-barreled rifles/shotguns; 30 years for machine guns, destructive devices, or firearms silencers; penalties served day-for-day, not concurrent with other sentences, and firearm penalties must be served before enterprise-sentences where applicable.
• Requires the Attorney General to annually report the number of convictions under this article.
• Amends Section 12-15-204 to require any person 16 or older charged with a gang-related enterprise offense to be tried as an adult, enumerating applicable offenses and clarifying juvenile court jurisdiction and dismissal scenarios.
• Effective date: becomes law on the first day of the third month after passage/approval.
• Note: The act is exempt from local expenditure approval requirements under Section 111.05 of the 2022 Alabama Constitution due to existing exceptions.

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