Alabama Attorney General Steve Marshall applauded a letter submitted to the Alabama Legislature from 162 Sheriffs and Chiefs of Police from across the state calling for the swift passage of legislation that would prosecute 16-year-olds as adults if they commit a serious crime furthering the interests of a gang.
Senate Bill 143 (SB143) is sponsored by State Sen. Will Barfoot. The same legislation has been introduced in the House as House Bill 191 (HB 191) by State Rep. Allen Treadaway.
The Alabama Gang Prevention Act provides penalty enhancements for felonies committed to further the interests of a gang, attaches a minimum sentence to any use of a firearm to promote a gang, and certifies individuals aged 16 and older as adults when charged with gang-related offenses under the Act.
“Gang violence has steadily increased over the last decade, but we must refuse to accept in Alabama,” the sheriffs and police chiefs wrote. “The legislature can help to curb this trend by enacting the Alabama Gang Prevention Act,” said Attorney General Marshall. “Together, we are urging the swift passage of this legislation that will give state and local law enforcement the tools they need to take back our streets.”
“Currently, Alabama has no law on the books to specifically combat or deter gang activity and gang violence,” the letter explains. “Gang violence is a cancer and tough sentences are the antidote.”
According to the synopsis, “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 16 years of age or older are tried as adults for certain crimes. This bill would require any juvenile 16 or older to be tried as an adult for any gang-related criminal activity.”
On Tuesday, Senate Bill 119, which would have prosecuted 16-year-olds as adults for assaulting the staff of a juvenile corrections facility with a weapon, was carried over in the Senate after Senate Minority Leader Bobby Singleton objected to prosecuting 16-year-olds as adults. The sponsor, Sen. Linda Coleman-Madison, is working with Singleton on a compromise. SB143 and HB191 potentially would lead to many more youthful offenders being prosecuted as adults. It also has the potential to exacerbate Alabama’s prison overcrowding situation.
SB143 will be considered by the Senate Judiciary Committee when it meets on Wednesday in Room 325 in the Alabama Statehouse. HB191 will be considered by the House Judiciary Committee on Wednesday afternoon when it meets in Room 200.
Wednesday will be day 9 of the 2023 Alabama Regular Legislative Session.
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