HB785 Alabama 2010 Session

This bill, entitled the Alabama Street Gang Act, would provide legislative findings and define terms

This bill would provide for the crimes and the punishments for participating in a criminal syndicate, compelling street gang membership, and injury by graffiti

This bill would provide that intentional killing of a victim by an active criminal street gang member is an aggravating circumstance for purposes of imposing the death penalty

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to gangs; to make legislative findings; to define terms; to provide for certain crimes and to establish penalties relating to criminal street gangs, criminal syndicates, and graffiti; to amend Section 13A-5-49, Code of Alabama 1975, to make murder by a criminal street gang member an aggravating circumstance in certain circumstances; to repeal Section 13A-6-26, Code of Alabama 1975, relating to compelling street gang membership; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.