HB89 Alabama 2020 Session

Under existing law, receiving stolen property offenses have threshold amounts established for each offense

This bill would amend the threshold amounts for receiving stolen property offenses

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style

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 Sections 13A-8-16, 13A-8-17, 13A-8-18, as last amended by Act 2019-521, 2019 Regular Session, 13A-8-18.1, and 13A-8-19, Code of Alabama 1975, to amend the threshold amounts for receiving stolen property offenses; to make nonsubstantive, technical revisions to update the existing code language to current style; 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, as last amended by Act 2019-521, 2019 Regular Session, 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 A person commits the crime of receiving stolen property if he or she does any of the following:

(1) 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 goods or property which have been recently stolen; or.

(3) 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 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 stolen property which that exceeds two three thousand five hundred dollars ($2,500) ($3,500) 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) Any of the following constitutes receiving stolen property in the second degree:

(1) Receiving stolen property that is between one thousand five hundred dollars ($1,500) in value and exceeds two thousand five hundred dollars ($2,500) in value, but does not exceed three thousand five hundred dollars ($3,500) in value.

(2) Receiving stolen property of any value under the circumstances described in subdivision (b)(3) of Section 13A-8-16.

(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.

§13A-8-18.1.

(a) Receiving stolen property which that exceeds one thousand five hundred dollars ($500) ($1,500) in value, but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) two thousand five hundred dollars ($2,500) 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 stolen property which that does not exceed one thousand five hundred dollars ($500) ($1,500) 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 on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.