HB 465

Under existing law, the degrees of receiving stolen property offenses vary depending on the value of stolen property

This bill would provide that receiving, retaining, or disposing of a stolen firearm, which does not exceed a certain value, is subject to specific criminal penalties

This bill would also provide for technical revisions of the receiving stolen property crimes

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

Relating to receiving stolen property; to amend Sections 13A-8-16, 13A-8-17, 13A-8-18, 13A-8-18.1, and 13A-8-19, Code of Alabama 1975, to provide that receiving, retaining, or disposing of a stolen firearm is a criminal offense; to provide for technical revisions; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.

Section 1

Sections 13A-8-16, 13A-8-17, 13A-8-18, 13A-8-18.1, and 13A-8-19, Code of Alabama 1975, are amended to read as follows:

§13A-8-16.

(a) A person commits the crime of receiving stolen property if he or she intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained, or disposed of with intent to restore it to the owner.

(b) If a person: It shall be prima facie evidence that a person has the requisite knowledge or belief required under this section in any of the following circumstances:

(1) On The defendant on, two separate occasions within a year prior to the commission of the instant offense of receiving stolen property, is found in possession or control of stolen property; or.

(2) Possesses The defendant possesses goods or property which have been recently stolen; or.

(3) Regularly The defendant regularly buys, sells, uses, or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property to him or her had a legal right to do so, this shall be prima facie evidence that he has the requisite knowledge or belief.

(c) The fact that the person who stole the property has not been convicted, apprehended, or identified is not a defense to a charge of receiving stolen property.

§13A-8-17.

(a) Receiving A person commits the crime of receiving stolen property in the first degree if he or she receives stolen property which exceeds two thousand five hundred dollars ($2,500) in value constitutes receiving stolen property in the first degree.

(b) Receiving stolen property in the first degree is a Class B felony.

§13A-8-18.

(a) Receiving A person commits the crime of receiving stolen property in the second degree if he or she receives stolen property that meets any of the following criteria:

(1) Which is Is between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value; or .

(2) Of Is of any value under the circumstances described in subdivision (b)(3) of Section 13A-8-16; constitutes receiving stolen property in the second degree.

(3) Is a firearm that does not exceed five hundred dollars ($500) in value, after having been previously convicted of receiving a stolen firearm.

(b) Receiving stolen property in the second degree is a Class C felony.

§13A-8-18.1.

(a) A person commits the crime of receiving stolen property in the third degree if he or she receives stolen property that meets either of the following criteria:

(1)(a) Receiving stolen property which Exceeds exceeds five hundred dollars ($500) in value, but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value; or.

(2) Is a firearm that does not exceed five hundred dollars ($500) in value constitutes receiving stolen property in the third degree.

(b) Receiving stolen property in the third degree is a Class D felony.

§13A-8-19.

(a) Receiving A person commits the crime of receiving stolen property in the fourth degree if he or she receives stolen property which does not exceed five hundred dollars ($500) in value constitutes receiving stolen property in the fourth degree.

(b) Receiving stolen property in the fourth degree is a Class A misdemeanor.

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.