SB 143 — Relating to crimes and offenses; to add Article 12, commencing with Section 13A-6-260, to Chapter 6 of Title 13A to the Code of Alabama 1975, to identify criminal enterprise members, to enhance penalties for any criminal activity that benefits, promotes, or furthers the interest of a criminal enterprise, and to establish mandatory consecutive penalties for any firearm possession in certain circumstances; to amend Section 12-15-204, Code of Alabama 1975, to require any juvenile 16 years of age or older to be tried as an adult for any criminal enterprise related criminal activity; 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 Section 111.05 of the Constitution of Alabama of 2022.

SB143 ENGROSSEDENROLLED KMIX5A-2KMIX5A-3 By Senators Barfoot, Elliott, Givhan, Livingston, Williams, Price, Scofield, Chesteen, Shelnutt, Sessions, Chambliss, Allen, Butler, Stutts, Melson, Gudger, Weaver RFD:

23-Mar-23 2023 Regular Session Page 0 SB143 EngrossedEnrolled 2Enrolled, 4An 6Act, A3 BILL5 TO BE ENTITLED AN ACT Relating to crimes and offenses;

§13A-6-260 Page 1 SB143 Engrossed For the purposes of this article, the following terms have the following meanings:

Page 1 SB143 Enrolled a.

Any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designateddesigned or redesignated,redesigned, and intended for use in assembling or fabricating a firearm silencer, and any part intended only for use in such assembly or fabrication.

Is voluntarily identified as a criminal enterprise Page 2 SB143 Engrossed member by a parent or guardian.

Adopts the use of a hand sign identified as used by Page 2 SB143 Enrolled a criminal enterprise.

The term shall also include the frame receiver Page 3 SB143 Engrossed of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a Page 3 SB143 Enrolled person.

95 §13A-6-261 Upon a finding, beyond a reasonable doubt, that a criminal enterprise member has committed the charged offense for the purpose of benefiting, promoting, or furthering the interest of a criminal enterprise, the following sentencing 95 enhancements shall apply:

(1) To a term of imprisonment of not less than five Page 4 SB143 Engrossed years.

Page 4 SB143 Enrolled (4) If the firearm possessed is a short-barreled rifle or short-barreled shotgun, to a term of imprisonment of not less than 10 years.

Section 12-15-204, Code of Alabama 1975, is Page 5 SB143 Engrossed amended to read as follows:

"§12-15-204 (a) Notwithstanding any other provision of law, any person who has attained the age of 16 years at the time of the conduct charged and who is charged with the commission of any Page 5 SB143 Enrolled act or conduct, which if committed by an adult would constitute any of the following, shall not be subject to the jurisdiction of juvenile court but shall be charged, arrested, and tried as an adult:

A person who is a grand juror, juror, or witness in any legal proceeding of whatever nature when the offense stems Page 6 SB143 Engrossed from, is caused by, or is related to the role of the person as a juror, grand juror, or witness.

(6) Trafficking in drugs in violation of Section Page 6 SB143 Enrolled 13A-12-231, or as the same may be amended.

Provided, however, pursuant to Section 12-15-117, the juvenile court shall retain jurisdiction over an individual of any age for the enforcement of any prior Page 7 SB143 Engrossed orders of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court until paid in full.

All Page 7 SB143 Enrolled conduct occurring before April 14, 1994, shall be governed by pre-existing law." Section 3.

Page 8 SB143 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................23-Mar-23________________________________________________ toSpeaker of the House of Representatives SB143 Senate committee24-May-23 onI Judiciaryhereby Readcertify forthat the secondwithin timeAct andoriginated placedin ................19-Apr-23and onpassed the calendar:Senate, as amended.

0 amendments Read for the third time and passed ................24-May-23 as amended Yeas 32 Nays 0 Abstains 0 Patrick Harris, Secretary.

PageHouse 9of Representatives Amended and passed:

01-Jun-23 Senate concurred in House amendment 01-Jun-23 By:

Senator Barfoot Page 9