A bill passed by the Alabama House Judiciary Committee today would define what it legally means to be gang-affiliated.
The bill increases sentences for gang-related crime, requires juveniles 16 years of age or older to be tried as an adult, and sets out guidance for what law enforcement can consider when it comes to suspected gang activity.
Rep. Allen Treadaway (R-Morris), the bill’s sponsor, is backed by Alabama Attorney General Steve Marshall and more than 60 leaders of Alabama police and sheriff’s departments.
Marshall and legislative counterparts say efforts to combat gang-related crime rely on expanded definitions in the bill.
“Currently, Alabama has no law on the books to specifically combat or deter gang activity and gang violence,” Marshall said.
In committee Wednesday, lawmakers studied how to identify suspected gang members.
“There have to be several identifying markers,” Treadway said. “It could be Facebook, it could be flashing gang signs, tattoos; it could be the school reporting you as a gang member.”
The bill specifies that reports from parents, teachers and confidential informants can be used to connect suspects’ gang involvement to criminal activity. If passed, the law would also take identify offenders as gang members if they meet three or more of thsee criteria:
- Adopts the style of dress of a gang.
- Adopts the use of a hand sign identified as used by a gang.
- Has a tattoo identified as used by a gang.
- Associates with one or more known gang members.
- Is identified as a gang member by physical evidence.
- Has been observed in the company of one or more known gang members four or more times.
- Has authored any communication indicating responsibility for the commission of any crime by a gang.
Democrats on the committee moved to push off the bill by referring it to a subcommittee, arguing it was too strict and too vague.
“I understand exactly what you’re trying to do with the bill,” Rep. Ontario Tillman (D-Bessemer) said to Treadaway. “If we look at parents identifying their kids as gang members, you don’t see that as problematic?”
The House bill and its Senate counterpart by Sen. Will Barfoot would also set stricter penalties for offenders who commit violent crimes in combination with gang involvement.
“Gang-related gunplay will result in no less than five years and up to thirty years mandatory imprisonment,” Marshall said.
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