Relating to crimes and offenses; to add Section 13A-8-2.1 to the Code of Alabama 1975, to provide for the crime of aggravated theft by deception; to amend Sections 15-22-33, 15-22-54, and 17-3-30.1, Code of Alabama 1975, to provide sanctions for parole violations relating to aggravated theft by deception; to provide that aggravated theft by deception is a crime of moral turpitude; 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 13A-8-2.1 is added to the Code of Alabama 1975, to read as follows: §13A-8-2.1. (a) A person commits the crime of aggravated theft by deception if he or she does any of the following: (1) He or she commits a theft of foreign or domestic funds, cash, or cash equivalent, that includes, but is not limited to, stocks, bonds, investments, or retirement accounts, that exceeds two hundred thousand dollars ($200,000) in value, if obtained by deception. (2) He or she commits a theft of public funds or revenue of any state, county, or municipal government agency or department, or any governmental or political subdivision that exceeds one hundred thousand dollars ($100,000) in value, if obtained by deception. (b) The limitations period for any prosecution under this section does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within six years. (c) Aggravated theft by deception is a felony with a range of punishment of five to 30 years' imprisonment and a fine of up to sixty thousand dollars ($60,000) per violation. (d) Notwithstanding any other law, the maximum probation period shall not exceed 10 years unless otherwise authorized by law. (e) A conviction for aggravated theft by deception shall be treated as a Class A or Class B felony for purposes of Section 15-18-8. (f) A person may be charged with attempt, criminal solicitation, or criminal conspiracy to commit aggravated theft by deception if he or she engages in the conduct defined in Sections 13A-4-1, 13A-4-2, or 13A-4-3. A violation shall be punished the same as if the crime was completed pursuant to this section.
Sections 15-22-33, 15-22-54, and 17-3-30.1, Code of Alabama 1975, are amended to read as follows: "§15-22-33. "No person released on parole shall be discharged from parole prior to the expiration of the full maximum term for which he or she was sentenced unless the Board of Pardons and Paroles chooses to discharge the parolee earlier based on review of the parolee under guidelines established pursuant to subdivision (6) of subsection (b) of Section 15-22-37 and the parolee was not convicted of a violent offense as defined in Section 12-25-32 or a violation of Section 13A-8-2.1. The Board of Pardons and Paroles, however, may relieve a prisoner on parole from making further reports and may permit such prisoner to leave the state or county if satisfied that this is for the best interests of society. "§15-22-54. "(a) The period of probation or suspension of execution of sentence shall be determined by the court and shall not be waived by the defendant, and the period of probation or suspension may be continued, extended, or terminated. However, except as provided in Section 32-5A-191 relating to ignition interlock requirements, in no case shall the maximum probation period of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1. When the conditions of probation or suspension of sentence are fulfilled, the court shall, by order duly entered on its minutes, discharge the defendant. "(b) The court granting probation may, upon the recommendation of the officer supervising the probationer, terminate all authority and supervision over the probationer prior to the declared date of completion of probation upon showing a continued satisfactory compliance with the conditions of probation over a sufficient portion of the period of the probation. At least every two years, and after providing notice to the district attorney, the court shall review the probationer's suitability for discharge from probation supervision if the probationer has satisfied all financial obligations owed to the court, including restitution, and has not had his or her supervision revoked. "(c) At any time during the period of probation or suspension of execution of sentence, the court may issue a warrant and cause the defendant to be arrested for violating any of the conditions of probation or suspension of sentence, upon which the court shall hold a violation hearing. No probationer shall be held in jail awaiting such violation hearing for longer than 20 business days, unless new criminal charges are pending. If the hearing is not held within the specified time, the sheriff shall release the probation violator unless there are other pending criminal charges. A judge shall have authority to issue a bond to a probationer for release from custody. "(d) Except as provided in Chapter 15 of Title 12, any probation officer, police officer, or other officer with power of arrest, when requested by the probation officer, may arrest a probationer without a warrant. In case of an arrest without a warrant, the arresting officer shall have a written statement by the probation officer setting forth that the probationer has, in his or her judgment, violated the conditions of probation, and the statement shall be sufficient warrant for the detention of the probationer in the county jail or other appropriate place of detention until the probationer is brought before the court. The probation officer shall forthwith report the arrest and detention to the court and submit in writing a report showing in what manner the probationer has violated probation. "(e) After conducting a violation hearing and finding sufficient evidence to support a probation violation, the court may revoke probation to impose a sentence of imprisonment, and credit shall be given for all time spent in custody prior to revocation. If the probationer was convicted of a Class D felony and his or her probation is revoked, the incarceration portion of any split sentence imposed due to revocation shall be limited to two years or one-third of the original suspended prison sentence, whichever is less. However, in all cases, excluding violent offenses defined pursuant to Section 12-25-32 and classified as a Class A felony, and sex offenses, defined pursuant to Section 15-20A-5, and aggravated theft by deception offenses pursuant to Section 13A-8-2.1, the court may only revoke probation as provided below: "(1) Unless the underlying offense is a violent offense as defined in Section 12-25-32 and classified as a Class A felony or an offense of aggravated theft by deception as defined in Section 13A-8-2.1, when a defendant under supervision for a felony conviction has violated a condition of probation, other than arrest or conviction of a new offense or absconding, the court may impose a period of confinement of no more than 45 consecutive days to be served in the custody population of the Department of Corrections. By April 29, 2016, the Department of Corrections shall develop and implement a streamlined process to transport and receive the probationer into its custody population and shall identify and, if possible, implement policies aimed at reducing the administrative delays, if any, in transferring to the Department of Corrections the physical custody of the probationer and those whose probation has been revoked. Such process shall be developed in cooperation with the Alabama Sheriffs' Association and the Association of County Commissions of Alabama. Such process shall include the most cost-effective method to process sanctioned probation violators for the maximum 45-day confinement period and shall provide that the Department of Corrections shall reimburse the state mileage rate, as determined by the Alabama Comptroller's Office, to the county for any state inmate sanctioned as a probation violator and transferred to or from a Department of Corrections facility by the county. Upon completion of the confinement period, the remaining probation period or suspension of sentence shall automatically continue upon the defendant's release from confinement. The court shall not revoke probation unless the defendant has previously received a total of three periods of confinement under this subsection. For purposes of revocation, the court may take judicial notice of the three total periods of confinement under this subsection. A defendant shall only receive three total periods of confinement under this subsection. The maximum 45-day term of confinement ordered under this subsection for a felony shall not be reduced by credit for time already served in the case. Any such credit shall instead be applied to the suspended sentence. In the event the time remaining on the imposed sentence is 45 days or less, the term of confinement shall be for the remainder of the defendant's sentence. "(2) The total time spent in confinement under this subsection shall not exceed the term of the defendant's original sentence. "(3) Confinement shall be immediate. The court shall be responsible for ensuring that the circuit clerk receives the order revoking probation within five business days. The circuit clerk shall insure that the Department of Corrections receives necessary transcripts for imposing a period of confinement within five business days of its receipt of the court's order. "(4) If a probation violator, as described in subdivision (1), is presented to the county jail for confinement and the probation violator has a serious medical condition, the confinement of the probation violator creates a security risk to the jail facility, or the jail is near, at, or over capacity, the sheriff may refuse to admit the probation violator. If while in custody of the county jail the probation violator develops a serious medical condition, the confinement of the probation violator creates a security risk to the facility, or the county jail reaches near, at, or overcapacity, the sheriff may release the probation violator upon notification to the probation officer and to the court who has jurisdiction over the probation violator. A sheriff and his or her staff shall be immune from liability for exercising discretion pursuant to Section 36-1-12 in refusing to admit a probation violator into the jail or releasing a probation violator from jail under the circumstances described above. "(f) In lieu of the provisions of subsections (c) through (e), when a probationer violates his or her probation terms and conditions imposed by the court, his or her probation officer may, after administrative review and approval by the officer's supervisor, require the probationer to submit to behavioral treatment, substance abuse treatment, GPS monitoring, such other treatment as determined by the board or supervising officer, or a period of confinement in a consenting jail facility as specified in subdivision (10) of Section 15-22-52. "(g) Prior to imposing a sanction provided under subsection (f) and pursuant to subdivision (10) of Section 15-22-52, the probationer must first be presented with a violation report, with the alleged probation violations and supporting evidence noted. The probationer may file a motion with the court to conduct a probation violation hearing within ays. The probationer shall be given notice of the right to such hearing and advised of the right (i) to a hearing before the court on the alleged violation in person, with the right to present relevant witnesses and documentary evidence; (ii) to retain and have counsel at the hearing and that counsel will be appointed if the probationer is indigent; and (iii) to confront and cross examine any adverse witnesses. Upon the signing of a waiver of these rights by the probationer and the supervising probation officer, with approval of a supervisor, the probationer may be treated, monitored, or confined for the period recommended in the violation report and designated in the waiver. However, the probationer shall have no right of review if he or she has signed a written waiver of rights as provided in this subsection. "(h) The board shall adopt guidelines and procedures to implement the requirements of this section, which shall include the requirement of a supervisor's approval prior to a supervising probation officer's exercise of the delegation of authority authorized by subsection (f). "§17-3-30.1. "(a) This section shall be known and may be cited as the Felony Voter Disqualification Act. "(b)(1) The Legislature finds and declares that: "a. Article VIII of the Constitution of Alabama of 1901, now appearing as Section 177 of Article VIII of the Official Recompilation of the Constitution of Alabama of 1901, as amended, provides that Alabama citizens shall lose the right to vote when convicted of a crime only if the conviction was for a felony involving moral turpitude. "b. Under general law, there is no comprehensive list of felonies that involve moral turpitude which disqualify a person from exercising his or her right to vote. Neither individuals with felony convictions nor election officials have a comprehensive, authoritative source for determining if a felony conviction involves moral turpitude and is therefore a disqualifying felony. "(2) The purposes of this section are: "a. To give full effect to Article VIII of the Constitution of Alabama of 1901, now appearing as Section 177 of Article VIII of the Official Recompilation of the Constitution of Alabama of 1901, as amended. "b. To ensure that no one is wrongly excluded from the electoral franchise. "c. To provide a comprehensive list of acts that constitute moral turpitude for the limited purpose of disqualifying a person from exercising his or her right to vote. "(c) For purposes of Article VIII of the Constitution of Alabama of 1901, now appearing as Section 177 of Article VIII of the Official Recompilation of the Constitution of Alabama of 1901, as amended, a person is disqualified to vote by reason of conviction of a felony involving moral turpitude only when convicted of any of the following offenses in a degree constituting a felony: "(1) Murder as defined in the following sections: "a. Subdivision (1) of subsection (a) of Section 13A-5-40. "b. Subdivision (2) of subsection (a) of Section 13A-5-40. "c. Subdivision (3) of subsection (a) of Section 13A-5-40. "d. Subdivision (4) of subsection (a) of Section 13A-5-40. "e. Subdivision (5) of subsection (a) of Section 13A-5-40. "f. Subdivision (6) of subsection (a) of Section 13A-5-40. "g. Subdivision (7) of subsection (a) of Section 13A-5-40. "h. Subdivision (8) of subsection (a) of Section 13A-5-40. "i. Subdivision (9) of subsection (a) of Section 13A-5-40. "j. Subdivision (10) of subsection (a) of Section 13A-5-40. "k. Subdivision (11) of subsection (a) of Section 13A-5-40. "l. Subdivision (12) of subsection (a) of Section 13A-5-40. "m. Subdivision (13) of subsection (a) of Section 13A-5-40. "n. Subdivision (14) of subsection (a) of Section 13A-5-40. "o. Subdivision (15) of subsection (a) of Section 13A-5-40. "p. Subdivision (16) of subsection (a) of Section 13A-5-40. "q. Subdivision (17) of subsection (a) of Section 13A-5-40. "r. Subdivision (18) of subsection (a) of Section 13A-5-40. "s. Subdivision (19) of subsection (a) of Section 13A-5-40. "t. Section 13A-6-2. "(2) Manslaughter as defined in Section 13A-6-3. "(3) Assault as defined in Section 13A-6-20, except for subdivision (5) of subsection (a) of Section 13A-6-20, and Section 13A-6-21. "(4) Kidnapping in the first degree as defined in Section 13A-6-43. "(5) Kidnapping in the second degree as defined in Section 13A-6-44. "(6) Rape as defined in Sections 13A-6-61 and 13A-6-62. "(7) Sodomy as defined in Sections 13A-6-63 and 13A-6-64. "(8) Sexual torture as defined in Section 13A-6-65.1. "(9) Sexual abuse as defined in Sections 13A-6-66, 13A-6-67, and 13A-6-69.1. "(10) Enticing a child to enter a vehicle for immoral purposes as defined in Section 13A-6-69. "(11) Facilitating solicitation of unlawful sexual conduct with a child as defined in Section 13A-6-121. "(12) Electronic solicitation of a child as defined in Section 13A-6-122. "(13) Facilitating the on-line solicitation of a child as defined in Section 13A-6-123. "(14) Traveling to meet a child for an unlawful sex act as defined in Section 13A-6-124. "(15) Facilitating the travel of a child for an unlawful sex act as defined in Section 13A-6-125. "(16) Human trafficking as defined in Sections 13A-6-152 and 13A-6-153. "(17) Terrorism as defined in Section 13A-10-152. "(18) Soliciting or providing support for an act of terrorism as defined in Section 13A-10-153. "(19) Hindering prosecution of terrorism as defined in Section 13A-10-154. "(20) Endangering the water supply as defined in Section 13A-10-171. "(21) Possession, manufacture, transport, or distribution of a destructive device or bacteriological or biological weapon as defined in Section 13A-10-193. "(22) Selling, furnishing, giving away, delivering, or distribution of a destructive device, a bacteriological weapon, or biological weapon to a person who is less than 21 years of age as defined in Section 13A-10-194. "(23) Possession, manufacture, transport, or distribution of a detonator, explosive, poison, or hoax device as defined in Section 13A-10-195. "(24) Possession or distribution of a hoax device represented as a destructive device or weapon as defined in subsection (c) of Section 13A-10-196. "(25) Attempt to commit an explosives or destructive device or bacteriological or biological weapons crime as defined in Section 13A-10-197. "(26) Conspiracy to commit an explosives or destructive device or bacteriological or biological weapons crime as defined in Section 13A-10-198. "(27) Hindrance or obstruction during detection, disarming, or destruction of a destructive device or weapon as defined in Section 13A-10-199. "(28) Possession or distribution of a destructive device or weapon intended to cause injury or destruction as defined in Section 13A-10-200. "(29) Treason as defined in Section 13A-11-2. "(30) Dissemination or public display of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-191. "(31) Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-192. "(32) Parents or guardians permitting children to engage in production of obscene matter as defined in Section 13A-12-196. "(33) Production of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-197. "(34) Distribution, possession with intent to distribute, production of obscene material, or offer or agreement to distribute or produce, as defined in Section 13A-12-200.2. "(35) Trafficking in cannabis, cocaine, or other illegal drugs or trafficking in amphetamine and methamphetamine as defined in Section 13A-12-231. "(36) Bigamy as defined in Section 13A-13-1. "(37) Incest as defined in Section 13A-13-3. "(38) Torture or other willful maltreatment of a child under the age of 18 as defined in Section 26-15-3. "(39) Aggravated child abuse as defined in Section 26-15-3.1. "(40) Prohibited acts in the offer, sale, or purchase of securities as defined in Section 8-6-17. "(41) Burglary as defined in Sections 13A-7-5 and 13A-7-6. "(42) Aggravated theft by deception as defined in Section 13A-8-2.1. "(42) (43) Theft of property as defined in Sections 13A-8-3 and 13A-8-4. "(43) (44) Theft of lost property as defined in Sections 13A-8-7 and 13A-8-8. "(44) (45) Theft of trademarks or trade secrets as defined in Section 13A-8-10.4. "(45) (46) Robbery as defined in Sections 13A-8-41, 13A-8-42, and 13A-8-43. "(46) (47) Forgery as defined in Sections 13A-9-2 and 13A-9-3. "(47) (48) Any crime as defined by the laws of the United States or by the laws of another state, territory, country, or other jurisdiction, which, if committed in this state, would constitute one of the offenses listed in this subsection. "(d) Nothing in this section shall be interpreted as determining moral turpitude for any purpose other than disqualifying a person from exercising his or her right to vote. "(e) The felonies involving moral turpitude listed in subsection (c) are the only felonies for which a person, upon conviction, may be disqualified from voting. Additional felonies may be added to the list in subsection (c) only by amendment to this section."
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.
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. House of Representatives Read for the first time and re- ferred to the House of Representa- tives committee on Judiciary ...... ....... 05-MAR-19Read for the second time and placed on the calendar with 1 substitute and................................ ....... 18-APR-19 Read for the third time and passed as amended......................... ....... 25-APR-19 Yeas 101, Nays 0, Abstains Jeff Woodard Clerk
|May 29, 2019||H||Delivered to Governor at 1:33 p.m. on May 29, 2019.|
|May 29, 2019||H||Assigned Act No. 2019-513.|
|May 29, 2019||H||Clerk of the House Certification|
|May 29, 2019||S||Signature Requested|
|May 28, 2019||H||Enrolled|
|May 28, 2019||H||Passed Second House|
|May 28, 2019||S||Motion to Read a Third Time and Pass adopted Roll Call 1219|
|May 28, 2019||S||Third Reading Passed|
|May 8, 2019||S||Read for the second time and placed on the calendar|
|April 25, 2019||S||Read for the first time and referred to the Senate committee on Judiciary|
|April 25, 2019||H||Engrossed|
|April 25, 2019||H||Motion to Read a Third Time and Pass adopted Roll Call 372|
|April 25, 2019||H||Motion to Adopt adopted Roll Call 371|
|April 25, 2019||H||Judiciary first Substitute Offered|
|April 25, 2019||H||Third Reading Passed|
|April 18, 2019||H||Read for the second time and placed on the calendar with 1 substitute and|
|March 5, 2019||H||Read for the first time and referred to the House of Representatives committee on Judiciary|