HB98 Alabama 2012 Session

Summary

Primary Sponsor

Randy WoodRepresentative

Republican

Session

Regular Session 2012

Title

Burglary in the second degree, requirement that dwelling-house be lawfully occupied, removed, Sec. 13A-7-6 am'd.

Summary

HB98 would expand burglary in the second degree to cover livable dwellings regardless of occupancy, making burglary of a livable dwelling-house a second-degree offense.

What This Bill Does

Currently, burglary in the second degree requires unlawfully entering a lawfully occupied dwelling-house with intent to commit theft or a felony. The bill would remove the occupancy requirement and treat burglary of a livable dwelling-house as second-degree burglary, even if the dwelling is unoccupied. The offense would remain a Class B felony, and existing conditions about weapons or injuries during the crime would still apply. The bill is designed as a crime-definition change and is exempt from local-funds expenditure requirements under Amendment 621.

Who It Affects

• People who commit burglary (defendants) would be charged with burglary in the second degree for unlawfully entering a livable dwelling-house with intent to commit theft or a felony, regardless of whether the dwelling is occupied.
• Residents, owners, and managers of livable dwellings (homeowners/tenants/landlords) would be affected by broadened protections, as unlawful entry into livable dwellings could be charged as second-degree burglary.

Key Provisions

• Defines burglary in the second degree to include unlawfully entering a livable dwelling-house, whether occupied or not, with intent to commit theft or a felony.
• Maintains that burglary in the second degree is a Class B felony and includes existing aggravating circumstances (use of explosives, causing injury, or use/threat of deadly weapon or dangerous instrument).
• Explicitly states the bill creates/defines a crime, and therefore is excluded from requirements under Amendment 621 regarding local-funds expenditures.
• Effective date: becomes effective on the first day of the third month following its passage and governor's approval.

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