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HB7 ENROLLED
Page 0
HB7
W1SBM99-3
By Representatives Lomax, Pettus, Treadaway, Faulkner,
Kirkland, Estes, Wadsworth, Whorton, Rehm, Lipscomb, Oliver,
Hurst, Paschal, Hulsey, Rigsby, Stringer, Brown, Sorrells,
Hammett, Butler, Robertson, Colvin, Crawford, Almond, Wilcox,
Underwood, Mooney, Gidley, Baker, Jackson, Stubbs, Starnes,
Bolton, Easterbrook, Ross, Sellers, Standridge, Carns, Gray,
Stadthagen, Bedsole
RFD: Judiciary
First Read: 13-Jan-26
PFD: 25-Jun-25
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PFD: 25-Jun-25
Enrolled, An Act,
Relating to crimes and offenses; to amend Sections
13A-10-240, 13A-10-241, 13A-10-242, and 16-1-24.1, Code of
Alabama 1975; to provide for the definition of a "credible
threat"; to revise the elements of and provide further for the
penalties for the crime of making a terrorist threat in the
first and second degrees; to require a public school principal
to immediately notify law enforcement if the conduct of the
student warrants the charge of making a terrorist threat in
the first or second degree; to specifically provide that being
charged with either crime is a reason for which a student
shall immediately be suspended for a minimum of one year; to
provide further for the conditions of readmittance; to provide
for restitution upon a finding of guilt; and to add Section
13A-10-243 to the Code of Alabama 1975; to require any person
found guilty of making a terrorist threat in the first or
second degree to make restitution.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-10-240, 13A-10-241, 13A-10-242,
and 16-1-24.1 of the Code of Alabama 1975, are amended to read
as follows:
"§13A-10-240
As used in this article, the following terms have the
following meanings:
(1) CREDIBLE THREAT. 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
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circumstances, would cause a reasonable person to fear for his
or her safety or the safety of another.
(2) GOVERNMENT. The term as defined in Section
13A-10-1.
(3) GOVERNMENTAL FUNCTION. The term as defined in
Section 13A-10-1.
(1)(4) PROPERTY. Personal or real property. The term
includes, but is not limited to, any of the following
buildings or real property:
a. A church, mosque, synagogue, or other religious real
property.
b. A public or private school.
c. A hospital, nursing home, or other building housing
disabled or immobile individuals.
(2) THREATEN. A person threatens another if all of the
following occur:
a. The person intentionally and knowingly makes a
statement verbally, in writing, by means of an electronic
communication device, or by any other means to harm a person
or property.
b. The statement is communicated to another person.
c. Under the circumstances, the threatened harm is
credible and imminent.
d. The statement, on its face and under the
circumstances in which it is made, is so unequivocal,
immediate, and specific as to convey to the person threatened,
a gravity of purpose and an immediate prospect of execution of
the threat.
e. The statement causes the person to reasonably be in
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e. The statement causes the person to reasonably be in
sustained fear for his or her own safety or for the object of
the threat.
(5) VIOLENT ACT. A crime of violence as defined in
Section 13A-11-70, or a violent offense as defined in Section
12-25-32.
(3) WEAPONS (6) WEAPON OF MASS DESTRUCTION. Any of the
following:
a. A destructive device as defined in 18 U.S.C. § 921.
b. A weapon that is designed or intended to cause death
or serious bodily injury through the release, dissemination,
or impact of toxic or poisonous chemicals.
c. A weapon involving a biological agent, toxin, or
vector, as those terms are defined in 18 U.S.C. § 178.
d. A weapon that is designed to release radiation or
radioactivity at a level dangerous to human life."
"§13A-10-241
(a) A person commits the crime of making a terrorist
threat in the first degree when he or she , based on an
objective evaluation, credibly threatens makes a credible
threat to commit a crime of violence violent act against a
person or to damage any property by use of a bomb, explosive,
weapon of mass destruction, firearm, deadly weapon, dangerous
instrument, or other mechanism , and that threat does or is
intended to do any of the following occurs :
(1) The threat causes the evacuation of any real
property.
(2) The threat causes (1) Cause the disruption of a
school, church, or government activity hospital, nursing home,
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school, church, or government activity hospital, nursing home,
or other building housing disabled or immobile individuals .
(3) The threat is with intent to retaliate against the
victim because of his or her involvement or participation as
any of the following:
a. A witness or party in any judicial or administrative
proceeding.
b. A person who produced records, documents, or other
objects in a judicial or administrative proceeding.
c. A person who provided to a law enforcement officer,
adult or juvenile probation officer, prosecuting attorney, or
judge any information relating to the commission or possible
commission of an offense under the laws of this state, of the
United States, or a violation of conditions of bail, pretrial
release, probation, or parole.
(4) The threat is made against an elected public
official or his or her staff.
(2) Influence any person participating in a
governmental function by intimidation or coercion.
(b) The crime of making a terrorist threat in the first
degree is a Class C B felony."
"§13A-10-242
(a) A person commits the crime of making a terrorist
threat in the second degree when he or she , based on an
objective evaluation, credibly threatens makes a credible
threat to commit a crime of violence violent act against a
person or to damage any property by use of a bomb, explosive,
weapon of mass destruction, firearm, deadly weapon, dangerous
instrument, or other mechanism.
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instrument, or other mechanism.
(b) The(1) Except as provided in subdivision (2), the
crime of making a terrorist threat in the second degree is a
Class A misdemeanor.
(2) The crime of making a terrorist threat in the
second degree is a Class D felony if either of the following
occurs:
a. The person has a prior adjudication or conviction of
making a terrorist threat in any degree.
b. The person commits a second or subsequent offense of
making a terrorist threat in the second degree within one year
of making another terrorist threat in any degree. "
"§16-1-24.1
(a) The Legislature finds a compelling public interest
in ensuring that schools are made safe and drug-free for all
students and school employees. The Legislature finds the need
for a comprehensive safe school and drug-free school policy to
be adopted by the State Board of Education. This policy should
establish minimum standards for classes of offenses and
prescribe uniform minimum procedures and penalties for those
who violate the policies. It is the intent of the Legislature
that our schools remain safe and drug-free for all students
and school employees. The State Board of Education shall adopt
and all local boards of education shall uniformly enforce
policies that protect all students and school employees. The
State Board of Education shall require local school systems to
modify their policies, practices , or procedures so as to
ensure a safe school environment free of illegal drugs,
alcohol, or weapons. Any rules and regulations adopted by the
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alcohol, or weapons. Any rules and regulations adopted by the
State Board of Education pursuant to this section shall be
exempt from Section 41-22-3(3). These modifications shall
include the formulation of a discipline plan setting forth
policies, practices, and procedures dealing with students or
other persons individuals who bring illegal drugs, alcohol, or
weapons on a school campus. The discipline plan shall also
include uniform drug-free school policies with uniform
penalties.
(b)(1) The principal shall notify appropriate law
enforcement officials when any person student or school
employee violates local board of education policies concerning
drugs, alcohol, weapons, physical harm to a person an
individual , or threatened physical harm to a person an
individual .
(2) The principal shall notify appropriate law
enforcement officials immediately upon notice of any
individual making a terrorist threat pursuant to Section
13A-10-241 or Section 13A-10-242.
(3) If any criminal charge is warranted arising from
the conduct described in subdivision (1) or (2) , the principal
is authorized to may sign the appropriate a warrant or
complaint . If that person accused individual is a student
enrolled in any public school in the State of Alabama this
state, the local school system shall immediately suspend that
person student from attending regular classes and schedule a
hearing at the earliest possible date, which shall not be
later than five school 30 calendar days, or pursuant to the
due process procedures provided in Section 16-1-14, whichever
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due process procedures provided in Section 16-1-14, whichever
is earliest. The length of the suspension shall depend on the
outcome of the disciplinary hearing before the local board of
education . The decision to suspend or initiate initiation of
criminal charges against a student , or both, shall include a
review and consideration of the student's exceptional status,
if applicable, under Chapter 39, or appropriate federal
statutory or case law.
(4) Any disciplinary action mandated by this subsection
shall be subject to the student's existing rights and
procedural safeguards under the federal Individuals with
Disabilities Education Act (IDEA) and Section 504 of the
Rehabilitation Act of 1973, which shall take precedence in the
event of a conflict.
(c) If a person Except as otherwise provided in
subsection (e), if a student or school employee is found to
have violated a local board of education policy concerning
drugs, alcohol, weapons, physical harm to a person an
individual , or threatened physical harm to a person an
individual , the person student or school employee may not be
readmitted to the public schools of this state until (1): (i)
all criminal charges or offenses arising from the conduct, if
any, have been disposed of by appropriate authorities ; and (2)
(ii) the person student or school employee has satisfied all
other requirements imposed by the local board of education as
a condition for readmission.
(d) Any person Except as otherwise provided in
subsection (e), any student or school employee determined to
be guilty adjudicated delinquent or youthful offender, or
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be guilty adjudicated delinquent or youthful offender, or
convicted of an a criminal offense involving drugs, alcohol,
weapons, physical harm to a person an individual , or
threatened physical harm to a person an individual , may not be
readmitted to the public schools of this state upon such until
the student or school employee has satisfied the conditions as
prescribed by the local board of education shall prescribe for
preservation of the safety or security of students and
employees of the local school board of education , which may
include, but are not limited to, psychiatric or psychological
evaluation and counseling.
(e)(1) Any disciplinary action mandated by this
subsection shall be subject to the student's existing rights
and procedural safeguards under the federal Individuals with
Disabilities Education Act (IDEA) and Section 504 of the
Rehabilitation Act of 1973, which shall take precedence in the
event of a conflict.
(2) If a student is charged with making a terrorist
threat in the first or second degree, the school system shall
immediately suspend that student from attending regular
classes and schedule a hearing at the earliest possible date,
which shall not be later than 30 calendar days after the
suspension, or pursuant to the due process procedures provided
in Section 16-1-14, whichever is earliest. This suspension
shall not prevent a student from attending any hearing or
official proceeding when summoned by the school administration
or board of education. The student may not be readmitted to
the public schools of this state until: (i) all criminal
charges or offenses arising from the conduct have been
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charges or offenses arising from the conduct have been
disposed of by appropriate authorities; (ii) the student has
completed a psychiatric or psychological evaluation and has
begun counseling if prescribed by the court; and (iii) the
student has satisfied all other requirements imposed by the
local board of education as a condition for readmission.
(3) In addition to the recovery of damages and court
costs provided in subdivision (f)(3), upon a student being
adjudicated or convicted of the crime of making a terrorist
threat in the first or second degree, the student shall be
expelled from school, and the court may order the student and
the parent or guardian of the student to pay restitution to
law enforcement, emergency medical service providers, and the
local board of education for any costs incurred relating to
the crime.
(e)(f)(1) A copy of the school system's discipline plan
shall be distributed to all students enrolled in the system
and their parents , or guardians , or custodians shall read the
plan and sign a statement verifying that they have been given
notice of the discipline policies of their respective school
system. The school local board of education shall have its
official discipline plan reviewed on an annual basis to ensure
that its policies and procedures are currently in compliance
with applicable statutes, case law, and state and federal
constitutional provisions.
(2) All The discipline plans plan of a school systems
system shall include, but not be limited to, all of the
following:
a. A parent , or guardian , custodian, or person ,
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a. A parent , or guardian , custodian, or person ,
excluding a foster parent, responsible for the care or control
of a minor child student enrolled in a public school system
shall be responsible financially for such child's the
destructive acts of the student against school property or
persons another individual .
b. A parent , or guardian , custodian, or person ,
excluding a foster parent, responsible for the care or control
of a minor child student enrolled in a public school system
may be requested to appear at the school by an appropriate
school official for a conference regarding the acts of the
child student specified in paragraph a.
c. A parent , or guardian , custodian, or person ,
excluding a foster parent, responsible for the care or control
of a minor child student enrolled in a public school system
who has been summoned by proper notification by an appropriate
school official shall be required under this provision to
attend such the discipline conference specified in paragraph
b.
(3) Any public school system shall be entitled to may
recover actual damages, plus necessary court costs, from the
parent or guardian, or both, of any minor student who
maliciously and willfully damages or destroys property
belonging to the school system. However, this section This
subdivision shall not apply to parents any parent whose
parental control of any child a student has been removed by
court order or decree or to parents any parent of an
exceptional children child with specific mental and physical
impairments if the damage is determined to result from the
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impairments if the damage is determined to result from the
impairments. The action authorized in this section subdivision
shall be in addition to all other actions which the school
system is entitled to may maintain and nothing in this section
subdivision shall preclude recovery in a greater amount from
the minor student or from a person an individual , including
the parents or guardian, or both, for damages to which such
minor other person the student would otherwise be liable.
(4) This section shall apply only to acts committed on
or after August 1, 1992.
(f)(g) The local school board of education shall adopt
and make available to all teachers, school personnel,
students, and parents or guardians, at the beginning of the
1992-93 school year and each school year thereafter , a code of
student conduct developed in consultation with teachers,
school personnel, students, and parents or guardians. The code
shall be based on the rules governing student conduct and
discipline adopted by the school local board of education and
may be made available at the school level in the student
handbook or similar publication. The code shall include, but
not be limited to, all of the following:
(1) Specific grounds for disciplinary action.
(2) Procedures to be followed for acts requiring
discipline.
(3) An explanation of the responsibilities and rights
of students with regard to attendance, respect for persons
individuals, entities, and property, knowledge and observation
of rules of conduct, the right to learn, free speech and
student publications, assembly, privacy, and participation in
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student publications, assembly, privacy, and participation in
school programs and activities.
(g)(h) Except in the case of excessive force or cruel
and unusual punishment, no certified or noncertified employee
of the State Board of Education or any local board of
education shall be civilly liable for any action carried out
in conformity with state law and system or school rules
regarding the control, discipline, suspension, and expulsion
of students.
(h)(i) Nothing in this section shall be construed to
prevent a local board of education from promulgating adopting
more stringent rules and regulations than those adopted on the
state level , in order to foster and maintain a safe and
drug-free environment in the public schools."
Section 2. Section 13A-10-243 is added to the Code of
Alabama 1975, to read as follows:
§13A-10-243
(a) A person convicted or adjudicated of making a
terrorist threat in the first degree or second degree shall be
ordered to make restitution as follows:
(1) To the owner of any real property or school,
church, or governmental entity affected by the making of the
terrorist threat.
(2) To the primary investigative law enforcement and
prosecutorial entities for any legitimate cost incurred in the
course of the investigation or prosecution. Where the
terrorist threat results in an emergency response, the
defendant shall be ordered to pay restitution for the expenses
incurred by any local, state, or federal law enforcement or
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incurred by any local, state, or federal law enforcement or
assisting governmental agency. Expenses include any reasonable
costs directly incurred, including the costs of police,
firefighting, and emergency medical services, and the
personnel costs of those persons who respond to the incident.
(b) Notwithstanding any other provision of law, the
total amount of restitution ordered pursuant to this section
shall not exceed ten thousand dollars ($10,000).
Section 3. This act shall become effective on July 1,
2026.
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2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 05-Feb-26, as amended.
John Treadwell
Clerk
Senate 19-Mar-26 Amended and Passed
House 31-Mar-26 Concurred in Senate
Amendment
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