SB204 Alabama 2011 Session

Summary

Primary Sponsor

Del Marsh

Republican

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.

Description

Under existing law, felony criminal offenses and penalties are classified into three classifications: Class A, Class B, and Class C.

This bill would add the classification of Class D felony as a fourth classification of criminal felony, and provide penalties for the new classification.

This bill would provide that the Alabama Habitual Offender Law would not apply to Class D felonies and for the treatment of Class D felonies when the defendant is given a split sentence.

This bill would reclassify certain offenses, using a new Class D penalty and fix the threshold for felony theft and would amend existing penalties and value requirements relating to criminal solicitation, attempt to commit a crime, criminal 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.

This bill would also create the crime of burglary in the fourth degree making entering or remaining unlawfully in a building a new Class D felony, while making entering or remaining unlawfully in a dwelling a Class C felony.

This bill would create the crimes of theft of services in the fourth degree, receiving stolen property in the fourth degree, and theft of lost property in the fourth degree, and specify penalties.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Crimes and Offenses