SB143 Alabama 2023 Session

Sponsors

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.

Description

This bill would identify gang members.

This bill would enhance penalties for any criminal activity that benefits, promotes, or furthers the interest of a gang.

The bill would establish mandatory consecutive penalties for any individual who knowingly possesses, uses, or carries a firearm during the commission of any act intended to benefit, promote, or further the interest of a gang.

Under existing law, juveniles who are 16 years of age or older are tried as an adult for certain crimes.

This bill would require any juvenile 16 years of age or older to be tried as an adult for any gang related criminal activity.

Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for SB143 INTRODUCED the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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.