HB 375

Under current law, violation of receiving stolen property in the second degree is a Class C felony

This bill would include additional activity that would constitute the crime of receiving stolen property in the second degree

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 crimes and offenses; to amend Section 13A-8-18, Code of Alabama 1975, to include additional activity that would constitute the crime of receiving stolen property in the second degree; 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

Section 13A-8-18, Code of Alabama 1975, is amended to read as follows:

§13A-8-18.

(a) Receiving Any of the following constitutes receiving stolen property in the second degree:

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

(2) Of Receiving stolen property 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) Receiving stolen property that is a firearm, rifle, or shotgun, regardless of its value.

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

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 on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.