SB391 Alabama 2014 Session

Summary

Primary Sponsor

Jerry L. Fielding

Republican

Co-Sponsors

Cam WardDel MarshJ.T. WaggonerArthur Orr

Session

Regular Session 2014

Title

Aggravated theft of property, crime of created, limitations specified, Sec. 13A-8-2.1 added; Secs. 13A-8-3-, 15-3-1 am'd.

Description

Under existing law, theft of property in the first degree, a Class B felony, is the theft of property which exceeds $2,500 in value or property of any value taken from the person of another.

This bill would create the crime of aggravated theft of property, a Class A felony, to include the theft of property that exceeds $100,000 in value or the theft of property that exceeds $50,000 of public money or revenue of state, counties, or municipalities.

This bill would also specify that the prosecution of the offense of aggravated theft of property must be commenced within six years after the commission of the offense and would also exclude offenses involving theft or conversion of securities from the three-year statute of limitations for certain felonies.

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