Crimes and offenses, penalty increased for crimes of making a terrorist threat in the first or second degree, public K-12 schools may immediately suspend student if charged, principal required to sign complaint if warranted, readmittance and restitution provided
HB85 would increase the criminal penalties for making a terrorist threat in Alabama. Under the bill, making a terrorist threat in the first degree would be raised from a Class C felony to a Class B felony, and making a terrorist threat in the second degree would be raised from a Class A misdemeanor to a Class D felony. The bill keeps the underlying offense definitions focused on credible threats to commit violence or damage property using a bomb, explosive, weapon of mass destruction, firearm, deadly weapon, or similar mechanism, but it increases the punishment level for both degrees of the offense.
The bill also makes significant changes to school discipline law for students charged with these offenses. If a student is charged with making a terrorist threat in either degree, the student must be immediately suspended from regular classes and barred from all public K-12 school property for at least one year, unless the criminal charges are dismissed sooner. Before readmission, the student must resolve the criminal case, complete court-ordered psychiatric or psychological evaluation and counseling at the parent or guardian’s expense, and satisfy any additional local board requirements. If the student is adjudicated or convicted, the bill also requires expulsion and restitution to law enforcement, emergency medical service providers, and the local board of education for costs related to the crime.
HB85 would amend Sections 13A-10-241, 13A-10-242, and 16-1-24.1 of the Code of Alabama 1975. Its main legal effect is to elevate the classification and punishment for terrorist-threat offenses and to create a specific school-discipline framework for students charged with those offenses. It also requires principals to sign warrants or complaints when criminal charges are warranted, and it adds mandatory suspension, expulsion, counseling, and restitution provisions tied to school-related terrorist-threat cases. The bill would take effect July 1, 2025, if enacted.
Based on the bill text and the absence of recorded committee debate or votes, the available sentiment appears to be strongly punitive and safety-focused. The legislation is framed around protecting schools, students, employees, and public officials from threats and disruptive conduct. Its structure suggests support for stricter consequences and faster school removal when a terrorist threat is alleged, with an emphasis on deterrence, school safety, and accountability.
The most notable points of contention are likely to be the severity of the increased criminal penalties and the mandatory school consequences for students merely charged, not convicted, with making a terrorist threat. The bill requires immediate suspension and a one-year ban from all public K-12 school property, which may raise due process, proportionality, and educational access concerns. Additional potential concerns include the requirement that parents or guardians pay for court-ordered evaluations and restitution, and the mandate that principals sign complaints when criminal charges are warranted, which could be viewed as reducing administrative discretion.