HB218 Alabama 2011 Session

Summary

Primary Sponsor

Rod Scott

Democrat

Session

Regular Session 2011

Title

Criminal penalties, Class D felony classification established, various criminal offenses' penalties altered, various criminal penalties' value element altered, various criminal provisions adjusted to conform to in Class D felony classification, Secs. 13A-4-1, 13A-4-2, 13A-4-3, 13A-5-3, 13A-5-4, 13A-5-6, 13A-5-9, 13A-5-11, 13A-5-13, 13A-7-7, 13A-7-8, 13A-7-21, 13A-7-22, 13A-7-23, 13A-7-25, 13A-8-1, 13A-8-3, 13A-8-4, 13A-8-5, 13A-8-7, 13A-8-8, 13A-8-9, 13A-8-10.1, 13A-8-10.2, 13A-8-10.3, 13A-8-11, 13A-8-17, 13A-8-18, 13A-8-19, 13A-8-23, 13A-8-144, 13A-8-194, 13A-9-2, 13A-9-3, 13A-9-5, 13A-9-6, 13A-9-14, 13A-10-33, 13A-10-39, 13A-10-40, 13A-10-43, 13A-10-44 am'd.

Summary

HB218 creates a new Class D felony category, reclassifies many offenses to Class D with new penalties, adds new fourth-degree crimes, and adjusts sentencing rules including habitual-offender and split-sentence provisions.

What This Bill Does

It establishes Class D felonies as a fourth felony class and sets penalties for them, while reclassifying numerous offenses to use the Class D penalties and updating value thresholds for theft-related crimes. It creates new fourth-degree crimes such as burglary in the fourth degree and theft of services, theft of lost property, and receiving stolen property in the fourth degree, with defined penalties. It ensures the Alabama Habitual Offender Law would not apply to Class D felonies and imposes a 12-month cap on the incarceration portion of any split sentence for Class D offenses. It notes that the bill would involve local government expenditures but is exempt from Amendment 621 requirements due to specified exceptions.

Who It Affects

• Offenders and people charged with or convicted of offenses affected by reclassification (e.g., thefts, burglaries, forgery, fraud, receiving stolen property) who could face Class D penalties or new fourth-degree offenses.
• Law enforcement, prosecutors, and courts who must apply the new Class D classification, revised value thresholds, and the split-sentence cap, and who will not be able to rely on habitual-offender enhancements for Class D felonies.

Key Provisions

• Adds Class D felonies as a fourth felony class and defines penalties for Class D offenses (including fines up to $7,500 or up to twice the pecuniary gain/loss).
• The Alabama Habitual Offender Law would not apply to Class D felonies, and Class D sentences can be handled under split-sentence rules with a 12-month incarceration cap for the split portion.
• Reclassifies numerous offenses to a new Class D penalty and adjusts penalties and value requirements for solicitation, attempt, conspiracy, burglary in the third degree, possession of burglar's tools, criminal mischief, criminal tampering in the first degree, theft of property, theft of lost property, theft of services, breaking and entering a motor vehicle, receiving stolen property, theft of utility services, fraudulent leasing, obstructing justice using a false identity, forgery, possession of a forged instrument, escape in the third degree, bail jumping, and hindering prosecution.
• Creates new crimes: burglary in the fourth degree (entering or remaining unlawfully in a building) as Class D, while entering or remaining unlawfully in a dwelling remains Class C.
• Creates theft of services in the fourth degree, theft of lost property in the fourth degree, and receiving stolen property in the fourth degree, with specified penalties.
• Raises or clarifies theft-related thresholds and value standards across various theft, theft of lost property, and theft of services offenses.
• Constitutional amendment guidance notes that the bill’s local-expenditure implications are exempt from Amendment 621 requirements because the bill defines or creates a new crime.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses