MONTGOMERY — While Democrats have pushed for tighter gun laws to combat gun violence, Republicans across several states have focused on hardening penalties for gang members that they say are the source of most violent crimes.

In Alabama, a House Committee advanced House Bill 19, establishes a statutory definition for gang members and mandatory minimum sentences for crimes they commit. The bill would move classes of crimes committed to higher classifications if committed by a gang member, and would require any juvenile 16 years of age or older to be tried as an adult for gang-related criminal activity.

“We’ve seen violent crime go up. We’re seeing victims and perpetrators much younger than we have in the past,” said Rep. Allen Treadway (R-Dist. 51), a former law enforcement officer, who sponsored the bill. “I can tell you this, if we don’t do something with the type of behavior that this bill is trying to address, I can assure you we’re going to have far more innocent victims dying and hurt.”

Any individual who knowingly possesses, uses, or carries a firearm during the commission of an act intended to benefit, promote, or further the interests of a gang would be punished to a minimum of five years in prison; seven years if a firearm is brandished; 10 years if a firearm is discharged; and a minimum of 30 years for possession of a machine gun or a firearm with a silencer.

The bill lists several factors that could be used to identify a gang member, including a combination of the person associating with one or more known gang members, adopting the style of dress of a gang member; adopting the style of dress of a gang; or is seen with a known gang member four or more times.

Rep. Ontario Tillman (D-Dist. 56), expressed concern about innocent kids walking past gang members, or kids who have family members in a gang.

“When you’re saying style of dress, like all of these things are problematic because you’re talking about fashion,” said Tillman. “You’re talking about a kid who may want to wear something of those colors. and we’re going to potentially lock up a 16-year-old kid, a 17-year-old kid, because law enforcement believe that he is a gang member, he associates with a gang member.”

Democrat Patricia McClammy (Dist. 76) also spoke against the bill’s vague wording on identifying gang members, referencing a tenant in the bill that allows tattoos to be an incriminating factor.

“I do understand that gang members have certain tattoos, but also understand that sometimes people see a tattoo and they like it and they think it’s one thing and they get it,” McClammy said.

A Montgomery-based attorney, McClammy expressed concern about the number of children pipelined into the court system and suggested the state look into alternatives for children.

“We have all of this funding that we put in to building prisons that we never tried to find a program or try to find funding to get some type of rehabilitation, some type of mental therapists and some type of programs,” she said. “Let’s see what we can do on the front end instead of starting off on the front and putting them into the system.”

But Treadway argued that many teens he’s seen throughout the years in crime continue committing crime despite receiving forms of rehab and “afforded opportunities to change.”

“Unfortunately there’s people out here that are hell-bent on killing people, and I’ve seen it firsthand,” he said. “… We’re seeing them in gang initiation where they have to commit serious crimes. and this is a serious approach to that type of behavior and if we don’t address it, I’m afraid that crime is just going to keep going up.”

The bill now heads to the House floor for a vote.

In a party-line vote this legislative session, Georgia lawmakers passed Senate Bill 44, which increases the mandatory minimum jail time for recruiting someone under age 17 into a gang to 10 years and a maximum of 20 years in prison.

Currently, if someone is sentenced as a gang member, an extra five to 20 years of prison can be added to his or her sentence, but a judge has the ability to waive jail time. Under SB 44, which awaits Gov. Brian Kemp’s signature, judges would not be allowed to suspend, stay, probate, defer, or withhold any portion of the mandatory minimum sentence.

The minimum penalties increase after multiple offenses.

During the session, Georgia Democrats and Republicans had differing views on whether longer sentences would solve the issue, with Democrats arguing that there is no evidence to support that claim and longer sentences would just add to the problem of overcrowded prisons.

Georgia Republicans have argued that “soft on crime” district attorneys have resulted in offenders being released from jails or prisons to commit more crimes, with Kemp frequently lauding the state’s recently created GBI Gang Task Force and the Gang Prosecution Unit of the state attorney general’s office.

“Where local district attorneys are unwilling to confront these violent offenders, the Gang Prosecution Unit is more than capable and willing to step in,” he said.

Kemp, on April 14, also signed the “Safe Schools Act” into law. The act, in part, creates training for school personnel to identify youth gang members and gang recruitment efforts.