HB785 Summary

• Creates the Alabama Street Gang Act establishing criminal offenses for participating in criminal syndicates, compelling gang membership, and graffiti, with penalties ranging from Class A misdemeanor to Class B felony depending on the offense.

• Defines a criminal street gang member as an individual meeting at least two of seven criteria including self-proclamation, witness testimony, written correspondence, paraphernalia, tattoos, clothing/colors, or other gang membership indicators.

• Makes intentional killing by an active criminal street gang member an aggravating circumstance for imposing the death penalty by amending Section 13A-5-49.

• Establishes graffiti crimes with three severity levels based on damage amount ($2,500+ is Class B felony, $500-$2,500 is Class C felony, under $500 is Class A misdemeanor) and requires restitution for removal, repair, or replacement costs.

• Regulates possession and distribution of graffiti implements (spray paint, broad-tipped markers) making it a Class A misdemeanor to carry or distribute such items to minors with intent to commit graffiti.