HB646 Alabama 2021 Session

Summary

Primary Sponsor

Gil Isbell

Republican

Session

Regular Session 2021

Title

Crimes and offenses, Retail Crime Prevention Act, crimes of theft by shoplifting, organized retail theft created, certain recordkeeping requirements for sale and purchase of stored value cards, provided

Summary

HB646 would create theft by shoplifting, establish organized retail theft, and require detailed recordkeeping for stored-value card transactions to deter retail crime.

What This Bill Does

It establishes theft by shoplifting with four degrees of penalties based on the value of the merchandise. It creates an organized retail theft crime for planning and directing theft involving at least $25,000 in value within 180 days, classified as a Class C felony. It requires third-party card dealers to keep detailed records of stored value card transactions for at least three years, with records accessible to law enforcement and penalties for improper recordkeeping. It also notes local-funding rules under Amendment 621 but states the bill is exempt because it defines a new crime.

Who It Affects

• Retail merchants and store owners, who may face new theft penalties and benefit from enhanced enforcement through organized retail theft and mandatory card-dealer recordkeeping.
• Individuals who shoplift or are accused of shoplifting, who could face criminal charges with penalties varying by the value of merchandise.
• Third-party card dealers and their employees, who must maintain detailed records of stored value card transactions and face penalties for noncompliance.
• Law enforcement and prosecutors, who would use the new offenses and records to investigate and prosecute theft and organized retail theft.

Key Provisions

• Creates theft by shoplifting with four degrees: first degree (value over $2,500) is a Class B felony; second degree ($1,500–$2,500, including certain firearms) is a Class C felony; third degree ($500–$1,500) is a Class D felony; fourth degree (≤$500) is a Class A misdemeanor.
• Defines shoplifting elements, including concealing merchandise, altering labels or barcodes, transferring items between containers to pay less, causing the cash register to reflect a lower value, failing to scan at self-checkout, and tampering with security devices.
• Establishes organized retail theft as planning or directing theft over 180 days with property value of $25,000 or more, intended for sale or gain, and placement of property with a retail fence or buyer.
• Requires third-party card dealers to record and maintain detailed records of stored value card transactions for at least three years, including dates, personnel, seller information, card details, amount, price, and customer signatures; records must be kept in ink or a secure system and be available to law enforcement.
• Creates penalties of Class C misdemeanor for certain recordkeeping violations by third-party card dealers and allows law enforcement to preserve relevant evidence upon request.
• Notes that the bill is exempt from certain local-funding requirements under Amendment 621 because it creates a new crime.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses