HB27 Alabama 2014 Session

Summary

Primary Sponsor

Randy WoodRepresentative

Republican

Session

Regular Session 2014

Title

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

Summary

HB27 would expand burglary in the second degree to cover habitable dwellings even when they are unoccupied, removing the occupancy requirement.

What This Bill Does

It changes the law so that unlawfully entering a habitable dwelling-house with intent to commit theft or a felony qualifies as burglary in the second degree, whether or not the home is currently occupied. The offense would remain a Class B felony, and there are still possible aggravated factors (like weapons or causing injury) during entry or flight. The bill notes that it would normally involve local funding rules, but it is exempt from those local-funding requirements because it defines or changes a crime. It becomes effective on the first day of the third month after the governor signs it.

Who It Affects

• Owners, landlords, tenants, and others who live in or manage habitable dwellings, since unoccupied homes could be charged as burglary in second degree.
• Potential burglars and people considering unlawfully entering dwellings, because more dwellings (including unoccupied ones) fall under second-degree burglary.

Key Provisions

• Amends 13A-7-6 to make burglary in the second degree occur when someone unlawfully enters a habitable dwelling-house (occupied or unoccupied) with intent to commit theft or a felony.
• Keeps burglary in second degree as a Class B felony and preserves aggravating factors (armed with explosives, injuring someone, or using/ threatening to use a deadly weapon) during entry or flight, while clarifying that merely acquiring a weapon during burglary is not the same as using it.
• The bill is exempt from local expenditure requirements under Amendment 621 because it defines or amends a crime, and it becomes effective on the first day of the third month after the 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