Alabama lawmakers are poised to pass legislation that enhances penalties for people who commit a crime while promoting the activity of a group of at least three people.
Just don’t call that group a “gang.” In Alabama, the term for the group of people who could face enhanced penalties is now a “criminal enterprise.”
The change appears to be more than simple semantics. It is also enough to have generated unanimous support for the legislation in the Alabama Senate, and approval before the Alabama House Judiciary Committee. The committee backed the legislation -- SB143 -- on Wednesday, and the legislation’s sponsor anticipates the measure advancing out of the full House in the coming days.
“We didn’t have a problem changing it from ‘gang’ to ‘criminal enterprise,’” said Alabama State Senator William Barfoot, R-Pike Road, the bill’s sponsor.
He said the change occurred last month following a spirited debate over the issue in the Alabama Senate Judiciary Committee, which Barfoot chairs.
“It’s all-encompassing,” he said about the legislation and the change in terminology. “We want to protect folks. It’s an effort to identify those individuals who benefit a criminal enterprise system. I think it’s a valid change.”
Rep. Patrice McClammy, D-Montgomery, said, “Can we stop calling it the ‘gang bill’ then?”
Barfoot replied, “It’s the ‘criminal enterprise’ bill.”
The change in terminology seems to have appeased members of the Alabama Black Caucus who in late April, expressed their discontent toward the legislation out of concern that it focused on street gangs and did not include a term that encompassed more groups like terrorist organizations.
“This was a tough one,” said state Rep. Chris England, D-Tuscaloosa. “The way it started to where it is now ... it’s a better piece of legislation. I know the way it started to where it is now was a long way.”
Defining criminal enterprises
Barfoot said the legislation applies to all criminal groups, not just urban street gangs who, according to law enforcement in some of Alabama’s largest cities, are partly responsible for a spike in violent crimes since the pandemic.
The bill, when it was first dubbed the “gang bill,” was backed by Alabama Attorney General Steve Marshall, and had support from over 160 law enforcement officials in Alabama. The state, according to an April 11 letter signed by law enforcement officials, has no law on the books aimed at combatting or deterring gang activity or gang violence -- or criminal enterprises.
A majority of states have some sort of definition for gangs that closely follows federal language, according to the National Gang Center. The federal definition labels a gang as an association of three or more individuals who collectively adopt some sort of group symbol.
Barfoot’s legislation maintains several identifying criteria for someone involved in a crime as a member of a criminal enterprise -- or in a gang under the bill’s previous iteration.
Under SB143, the definitions of who constitutes a criminal enterprise are the same as a gang as defined by federal law.
In order to received enhanced penalties, at least three or more of the criteria must be met. They include:
- Identification as a criminal enterprise member by a parent or guardian.
- Adopts a style of dress of a criminal enterprise
- Has a tattoo identified as used by a criminal enterprise.
- Adopts the use of a hand sign identified and used by a criminal enterprise.
- Is identified as a criminal enterprise member by a reliable informant.
- Is identified as a criminal enterprise member by physical evidence.
- Has been observed in the company of one or more known criminal enterprise members four or more times.
- Has authored any communication indicating responsibility for the commission of any crime by a criminal enterprise.
The legislation then states that if anyone is found guilty of committing a crime for the purpose of benefitting, promoting or furthering the interest of a criminal enterprise, then the following sentencing will apply:
- Class A felonies will be punished not less than 25 years in prison.
- Class B felonies will become Class A felonies, and Class C felonies will become Class B felonies. What that means is that someone convicted under the new law will face longer prison terms.
- Class D felonies, the lowest level felony in Alabama, will be exempt from the enhancements.
There are further enhanced sentencings if a crime committed to benefit a criminal enterprise occurs with a gun. They include:
- Anyone who knowingly possess a firearm to promote a criminal enterprise will be punished to a prison term no less than five years.
- If the firearm is brandished, the prison sentence is no less than seven years.
- If the firearm is discharged, the prison term is no less than 10 years.
- If the firearm possessed is a short-barreled rifle or a short-barreled shotgun, the imprisonment is not less than 10 years.
- If the firearm possessed is a machine gun, or is equipped with a firearm silencer, then the imprisonment is no less than 30 years.
Debating definition
Matthew Valasik, an associate professor in the Department of Criminology and Criminal Justice at the University of Alabama, said the changes in the legislation appear to be a “succumbing to the pressure” of GOP lawmakers wanting to be more bipartisan and “taking into account the racial profiling of the terminology” of the initial legislation.
“It’s probably a good thing,” said Valasik, referring to the change from gang to criminal enterprise. “It keeps it broader in that it doesn’t create more bias and restricts law enforcement interpretation of applying the law as well. That’s a positive in keeping it a criminal enterprise than narrowing it to a street gang.”
Valasik, co-author of the 2020 book, “Alt-Right Gangs: A Hazy Shade of White,” said a criminal enterprise can also include far-right militias or motorcycle groups “who would better fit into this broader categorization.”
At least one longtime political science professor and historian believes the changing definitions do not apply to most youth street gangs.
Derryn Moten, chairman of the history and political sciences department at Alabama State University, said he believes “criminal enterprise” is worse than “gangs” because “it suggests an organized crime syndicate” whose main purpose is money, and not turf battles.
“Unless one is talking about the Crips or Bloods, most youth gangs, even in Alabama, are not organized crime syndicates,” Moten said.