SB405 Alabama 2021 Session

Summary

Primary Sponsor

J.T. WaggonerSenator

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

This bill creates new theft crimes for shoplifting and organized retail theft, sets value-based penalties, and requires recordkeeping for stored value card transactions by third-party dealers.

What This Bill Does

It establishes theft by shoplifting with four degrees of offense tied to the value of stolen merchandise, including a first-degree level for amounts over $2,500. It also creates organized retail theft for planners and managers who orchestrate large-scale theft (valued at $25,000 or more) over 180 days. Additionally, it requires third-party card dealers to keep detailed records of stored value card sales and purchases for at least three years, with penalties for noncompliance and records accessible to law enforcement.

Who It Affects

• Retail establishments and merchants: face new theft-by-shoplifting penalties based on the value of goods stolen and are subject to enforcement of organized retail theft provisions; they also interact with third-party card dealers under the recordkeeping requirements.
• Third-party stored value card dealers and their staff: must maintain comprehensive transaction records for stored value cards for three years, follow strict entry rules, and could face Class C misdemeanor penalties for recordkeeping violations.

Key Provisions

• Creates theft by shoplifting with four degrees of offense based on value, from a Class A misdemeanor (≤$500) to a Class B felony (> $2,500); second degree also covers thefts involving firearms within the specified value range.
• Creates organized retail theft for individuals who organize or manage theft exceeding $25,000 in value within 180 days, with intent to sell for gain; classified as a Class C felony.
• Imposes recordkeeping requirements on third-party card dealers for stored value card transactions, including details such as date, names, ID information, card identification, value, price, and signature, to be kept for at least three years and available to law enforcement.
• Specifies penalties for third-party card dealers and employees who fail to maintain or falsify records or obstruct inspection, classified as Class C misdemeanor.
• Provides definitions for terms used in the act (e.g., stored value card, third-party card dealer, corporate issuer, merchandise, value) to clarify the scope of the law.
• States the bill is exempt from certain local-funding requirements because it creates a new crime or amends the crime definition, per constitutional amendments cited in the bill.
• Effective date: the act becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses