On Wednesday, Alabama Attorney General Steve Marshall issued a statement applauding the state Senate’s passage of legislation that would crack down on gang members who commit felonies and which would try some youthful offenders as adults if their crimes were gang-related.
Senate Bill 143 (SB143) is sponsored by State Senator Will Barfoot (R-Pike Road).
As written, SB143 provides penalty enhancements for felonies committed to further the interests of any criminal enterprise, attaches a mandatory minimum sentence to the possession or use of a firearm during the commission of certain crimes, and certifies individuals aged 16 and older as adults when charged under the Act.
“My Office worked hand-in-hand with law enforcement to develop the Gang Prevention Act, as we continue to see the proliferation of violent street groups in too many of our communities,” said Attorney General Marshall. “Gang violence is a cancer, and tough sentences are the antidote. I applaud the Senate for moving forward with this legislation and prioritizing the safety of our citizens.”
As the Chief Law Enforcement Officer of Alabama, Marshall is advocating for the Alabama Gang Prevention Act and the recently passed Deputy Brad Johnson Act dealing with correctional incentive time. In April, 162 Sheriffs and Chiefs of Police from across the state called on the legislature to pass the Alabama Gang Prevention Act.
The original legislation was heavily amended on the Senate floor,
The amended version of the bill defines “CRIMINAL ENTERPRISE” as “Any combination, confederation, alliance, network, conspiracy, understanding, or other similar arrangement in law or in fact, including a street gang as defined in Section 13A-6-26, of three or more persons, through its membership or through the agency of any member, that engages in a course or pattern of criminal activity.”
A “CRIMINAL ENTERPRISE MEMBER” is defined as “An individual who meets three or more of the following:
a. Admits to criminal enterprise membership.
b. Is voluntarily identified as a criminal enterprise member by a parent or guardian.
c. Is identified as a criminal enterprise member by a reliable informant.
d. Adopts the style of dress of a criminal enterprise.
e. Adopts the use of a hand sign identified as used by a criminal enterprise.
f. Has a tattoo identified as used by a criminal enterprise.
g. Associates with one or more known criminal enterprise members.
h. Is identified as a criminal enterprise member by physical evidence.
i. Has been observed in the company of one or more known criminal enterprise members four or more times. Observation in a custodial setting requires a willful association. This paragraph may be used to identify criminal enterprise members who recruit and organize in jails, prisons, and other detention settings.
j. Has authored any communication indicating responsibility for the commission of any crime by a criminal enterprise.”
SB143 has strong bipartisan support, passing 32 to 0 in the Alabama Senate. Gangs are terrorizing schools, parks, young people, and businesses across many parts of Alabama.
It now goes to the Alabama House of Representatives for their consideration. The House has assigned SB143 to the House Judiciary Committee. It will be considered by the Committee on Wednesday at 1:30 p.m. in Room 423 of the Statehouse. The House Judiciary Committee has already voted to advance similar legislation in the House – House Bill 191. HB191 was killed when the House of Representatives would not consider it on the House floor on Thursday.
Wednesday will be Day 28 of the 2023 Alabama Regular Legislative Session. The regular session is limited to no more than 30 legislative days.
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