HB39 Alabama 2013 Session

Summary

Primary Sponsor

Randy WoodRepresentative

Republican

Session

Regular Session 2013

Title

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

Summary

HB39 removes the occupancy requirement for second-degree burglary, making burglary of any livable dwelling a second-degree offense.

What This Bill Does

It amends Section 13A-7-6 to specify that unlawfully entering a livable dwelling-house, regardless of occupancy, with the intent to commit theft or a felony, constitutes burglary in the second degree. The offense remains a Class B felony. The bill notes it defines a new crime or amends an existing one, and is exempt from certain local funding controls under Amendment 621, with the act taking effect a little over two months after passage and governor approval.

Who It Affects

• People who commit burglary: now, unlawfully entering any livable dwelling-house, occupied or not, with intent to steal or commit a felony can be charged as second-degree burglary.
• Owners or occupants of livable dwellings: the change may influence how break-ins are charged and prosecuted, potentially increasing penalties for offenders.

Key Provisions

• Expands burglary in the second degree to include unlawfully entering a livable dwelling-house regardless of occupancy, with intent to commit theft or a felony, and preserves the classification as a Class B felony.
• States that the bill is exempt from Amendment 621 local-expenditure requirements because it defines a new crime or amends an existing crime, and sets the effective date to the first day of the third month after passage and governor 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