State Sen. Will Barfoot is hoping that his bill will help combat gang-related criminal activity in Alabama.
The Alabama Criminal Gang Prevention Act, SB143, would criminalize gang-related activities, strengthen penalties against those using a firearm in connection with gang-related activities, and require those age 16 and above to be charged as an adult for crimes involving gang-related activities.
Barfoot (R-Pike Road) talked about his bill Wednesday on WVNN’s “The Yaffee Program.”
“Certainly, as it relates to the crime we see in the major cities and really throughout the state of Alabama and the nation,” Barfoot said, “this is a response that we’ve got to do something to try and rein in folks who are committing crimes to benefit gangs as a whole.”
He said the gang problem in Alabama is different than it was years ago.
“Those gangs in fact are a little bit different than probably they were in the ’80s,” he said. “It’s not one major group versus another major group. You’ve got multiple street-type gangs in certain areas. You’ve got other gang members maybe from one side of the town fighting territorial battles from the other side of town.
“So this really is just a chance to make sure our laws are tight in response to what we’ve seen going on throughout the state.”
Barfoot also responded to criticism by Democrats who claim the bill could lead to more racial profiling.
“We’ll that’s certainly not the case,” he said. “First of all, the statute lays out ways you can be identified or even have to be proven beyond a reasonable doubt to be a gang member, and those are not racially motivated in any form or fashion. You actually have to be convicted, again beyond a reasonable doubt, of the underlying criminal offense, and that’s not a black or white issue, that is existing law.
“The second part of that equation is that if you’re carrying a firearm or brandishing a firearm or using a firearm during the commission of a crime that benefits a gang or benefits or promotes the gang, I think we need to be difficult and tough on you and this allows for just that consecutive sentence. So, it’s not at all racially motivated, and I think to say that is certainly not genuine.”
The lawmaker said he thinks the bill has a good chance of passing this session.
“Representative (Allen) Treadway has the bill in the House and that’s gotten some movement,” he said. “We’ve got some movement up here on the Senate version and we’re hopeful we’ll get a floor vote on it pretty soon.”
Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on Twitter @Yaffee
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