HB464 Alabama 2022 Session

Under existing law, a person commits the crime of theft of property if the person knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of the property; and a person commits the crime of receiving stolen property if the person intentionally receives, retains, or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe that it has been stolen. Criminal penalties for these crimes are based on the value of the property in question

This bill would provide that a person who knowingly obtains or exerts unauthorized control over a catalytic converter belonging to another, or who knowingly receives, retains, or disposes of a stolen catalytic converter, knowing that it has been stolen or having reasonable grounds to believe that it has been stolen, is guilty of the crime of theft of a catalytic converter, and would provide a criminal penalty for a violation

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, 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 create the crime of theft of a catalytic converter; to provide a criminal penalty for a violation; 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, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901.