The Alabama House of Representatives passed two bills Thursday addressing definitions of and punishments for terrorist threats.
HB 7 defines a “credible threat” of terrorism as a knowing and willful statement or behavior that could cause a reasonable person to fear for their safety under the totality of the circumstances.
The legislation also revises the element of making a terroristic threat in the first and second degree and increases the criminal penalties for them.
“This is very close to a lot of our members, there’s been a lot of terrorist threats against our schools, credible or otherwise, which would create a lot of mental health problems for our young people,” said Rep. James Lomax, R-Huntsville, during debate on Thursday.
The bill passed the House 86-0 with minimal debate from either side. Then-Rep. Matt Woods, R-Jasper, filed the bill before he was elected to the Senate in June. Lomax is now handling it.
The bill would increase the punishment for making a terrorist threat in the first degree from a Class C felony, punishable by one to 10 years in prison, to a Class B felony, punishable by to two to 20 years in prison. The bill states that the punishment for making a terrorist threat in the second degree is a Class D felony, punishable by one to five years in prison.
Asked by Rep. Juandalynn Givan, D-Birmingham, if he had any statistics on how many schools have been receiving terroristic threats, Lomax said he didn’t have any but even one student being afraid to go to school due to the threats is “one too many.”
“This will put in place obviously the framework to where this isn’t going to keep occurring,” he said.
Rep. Mary Moore, D-Birmingham, said she was concerned about the measure in the bill that would have students charged with making a terrorist threat suspended for a year.
“As most people say, their brains aren’t really developed for critical thinking, even though I know this party doesn’t like critical thinking,” Moore said during the debate. “But we need to have that enforced with our children and some mechanism of learning needs to be put in place rather than saying we suspend the child for a year.”
If passed, Lomax’s bill would go into effect July 1.
HB 188, sponsored by Rep. Alan Baker, R-Brewton, while similar to Lomax’s bill, removes a requirement that charging a person for terrorist threats in the second degree must include a threat that is “credible and imminent.” The credible and imminent requirement remains for terrorist threats in the first degree.
“This goes back to last year, when I also had the bill moving at that time, but it was where the district attorney was not able to move on with trying to prosecute,” Baker said during the debate.
Under the bill, the penalty remains the same unless an individual is convicted of making a second terrorist threat which is a Class D felony punishable by up to five years in prison.
The bill passed the House 83-10. All votes against the bill were from Democrats.
Rep. Napoleon Bracy, D-Prichard, raised concerns over removing the credibility measure.
“It sounds like we’re saying that because the DAs can’t prove that it’s a credible threat, then we’re going to totally remove the requirement of proving that it’s a credible threat,” Bracy said to Baker.
Baker argued that the bill doesn’t remove the threat but instead treats every threat with seriousness.
“We hear the phrase ‘kids being kids’ and so you’ve got a call in threat, but it’s got to be treated with all seriousness until it’s proven otherwise,” Baker said. “For the school campus, the teachers, the students, whatever. For the short time they’re out there, it’s very disruptive to the school setting and the educational process.”
If passed, the bill would go into effect Oct. 1.
Both bills move to the Senate.
(0) comments
Welcome to the discussion.
Log In
Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.