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.

Summary

SB204 creates a new Class D felony, reclassifies numerous offenses to this new category, adjusts theft-related thresholds, adds hate-crime penalties, and changes sentencing rules for Class D felonies.

What This Bill Does

It adds Class D felony as a fourth felony category and assigns penalties for it. It reclassifies many offenses (including burglary, theft, receiving stolen property, theft of services, and related offenses) to Class D and updates their value thresholds. It states that Class D felonies are not subject to the Alabama Habitual Offender Law and limits split-sentence incarceration for Class D to 12 months. It also creates burglary in the fourth degree and adds hate-crime penalties for offenses motivated by race, color, religion, national origin, ethnicity, or disability, along with related enhancements.

Who It Affects

• Defendants who commit offenses now categorized as Class D felonies, who would face new penalties and the reduced habitual-offender exposure, with a cap on split-sentence incarceration at 12 months.
• Property owners and victims, since theft, theft of services, theft of lost property, and receiving stolen property would have new or adjusted thresholds and added Class D classifications, plus enhanced penalties for hate-motivated crimes.

Key Provisions

• Creates Class D felony as a new felony category and provides penalties for this classification.
• Reclassifies a broad set of offenses (including burglary in various degrees, theft, receiving stolen property, theft of services, forgery, obstruction, etc.) to Class D and updates value requirements.
• Adds burglary in the fourth degree (entering or remaining unlawfully in a building) as Class D, while burglary of a dwelling becomes Class C.
• Creates theft of services, receiving stolen property, and theft of lost property in the fourth degree with specified penalties.
• Raises thresholds and clarifies value definitions for theft-related offenses and related crimes.
• Imposes hate-crime penalties for crimes motivated by race, color, religion, national origin, ethnicity, or disability, with minimum sentences for felonies and enhanced penalties if there are prior felonies.
• Allows split-sentence provisions for Class D felonies with a maximum incarceration of 12 months.
• Excludes Class D felonies from the Alabama Habitual Offender Law.
• Notes that the bill is exempt from certain local-funding requirements ( Amendment 621) due to specified exceptions.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses