On Wednesday, the Alabama House Judiciary Committee voted to advance legislation that would prosecute 16-year-olds as adults if they are found to be affiliated with a gang.
House Bill 191 (HB191) was sponsored by State Representative Allen Treadaway.
“I was asked to carry HB191 by the Alabama Attorney General’s (Steve Marshall) office and with good reason,” Treadaway said.
Treadaway is retired as a deputy Birmingham police chief.
“I spent 31 years in law enforcement, and this is alarming,” Treadaway of the growing gang violence problem in Birmingham, Mobile, Montgomery, and communities across Alabama.
“If we don’t do something with the type of behavior this bill is trying to address, we are going to have a lot more innocent victims,” Treadaway warned. “We have had innocent victims who have been hurt and are dying all across the state.”
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 the gang, and certifies individuals aged 16 and older as adults when charged with gang-related offenses under the Act.
Treadaway presented a letter from sheriffs and police chiefs across Alabama supporting HB191.
“Just about every sheriff and police chief has signed on to this,” Treadaway said.
Rep. Christopher England spoke in opposition to the bill.
“Do we not have any other answer other than locking people up?” England said. “The more people we put in prison, the less space we have for the people that really need to be there.”
“We have the same problem in Tuscaloosa,” England said. “There is another answer out there other than put them in jail for as long as possible.”
Rep. Ontario Tillman said, “We are going to lock up a kid because he is associated with a gang member or law enforcement thinks he is.”
Tillman made a motion to send HB191 to a subcommittee.
Rep. Jim Hill chairs the House Judiciary Committee.
“The NOs have it,” Hill said after a voice vote.
Rep. Penny McClammy said, “Why is the first thing we think about is tougher punishment, but we never address the problem.”
McClammy suggested that the state should develop some sort of a program for those kids who are in and out of trouble.
“Unfortunately, there are individuals that fall through the cracks and commit very violent crime,” Treadaway said. “They have been afforded every opportunity. Unfortunately, those people are hell-bent on killing people.”
“I care more about the victims,” Treadaway said. “We better have a place to put them, or there is going to be another victim. Look at the folks left behind by the violence. It leaves children without a father or a mother.”
State Rep. David Faulkner made a motion to give HB191 a favorable report. The motion passed. HB191 received a favorable report. The House could consider HB191 as soon as Thursday.
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.”
Senate Bill 143 (SB143) is the Senate version of the same bill. SB143 is sponsored by Sen. Will Barfoot.
Thursday will be day 10 of the 2023 Alabama Regular Legislative Session.
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