The Alabama Senate Judiciary Committee on Wednesday passed a bill that would increase penalties for making terrorist threats in the state.
Under current law, making a terrorist threat in the first degree is punishable as a Class C felony and in the second degree as a Class A misdemeanor. House Bill 7, introduced by Senator Matt Woods, R-Anniston, would increase the penalty for a first-degree offense to a Class B felony punishable by two to 20 years in prison and a $30,000 fine. The bill would elevate a second-degree offense to a Class D felony if the defendant has previous offenses.
Under HB7, a person commits a terrorist threat in the second degree by threatening violence against another person or property, causing fear or harm. A first-degree offense would require the threat to be considered credible. The bill defines a credible threat as “a knowing and willful statement or course of conduct, which, based on the totality of the circumstances, would cause a reasonable person to fear for his or her safety or the safety of another.”
The legislation would require school principals to immediately notify law enforcement if they learn a student has made a terrorist threat as defined in the bill. Any student charged with making a terrorist threat would receive a mandatory one-year suspension unless the charges are dismissed. The student would be banned from all public kindergarten through 12th grade school property in the state during the suspension.
Any student convicted of making a terrorist threat would be expelled under HB7. The student and the student’s parent or guardian would have to pay restitution to law enforcement, emergency medical service providers and the local board of education for any costs incurred related to the crime. The school could also recover court costs from the student and the student’s parent or guardian.
A student convicted of making a terrorist threat could not return to school until all criminal charges arising from the conduct are resolved by appropriate authorities, the student completes any court-ordered psychiatric or psychological evaluation and counseling, and the student satisfies any other conditions set by the local board of education.
Before passing the bill, the committee adopted an amendment offered by Senator Rodger Smitherman, D-Birmingham. Smitherman said the amendment would ensure due process rights for students with disabilities who may be prosecuted under the bill. He praised Woods for working with other members on the legislation.
The committee gave HB7 a favorable report, sending it to the Senate floor for consideration.
