HB288 Alabama 2023 Session

Summary

Primary Sponsor

Allen TreadawayRepresentative

Republican

Session

Regular Session 2023

Title

Relating to crimes and offenses; to create the Retail Theft Crime Prevention Act; to provide for the crime of retail theft in various degrees; to provide for the crime of organized retail theft; to provide criminal penalties for a violation;

Summary

HB288 creates the Retail Theft Crime Prevention Act, establishing retail theft and organized retail theft as new crimes with graduated penalties and defined terms to strengthen enforcement.

What This Bill Does

It would create two new crimes: retail theft and an aggravated form called organized retail theft, with penalties based on how much merchandise is stolen and on specific conduct such as concealing items, altering price tags, or not paying at checkout. First-degree retail theft is a Class B felony for high-value theft or theft of firearms; second-degree is a Class C felony for mid-range value; third-degree is a Class A misdemeanor for small thefts, with fourth or subsequent convictions also a Class C felony. The bill also requires restitution to the merchant and investigative costs, allows for forfeiture of proceeds, permits remote warrants, and directs state agencies to coordinate training to combat organized retail crime, while noting a local-funds expenditure implication that is addressed within the bill.

Who It Affects

• Retail merchants and their customers, who would face enhanced penalties for theft of merchandise and potential restitution and recovery costs.
• Law enforcement and prosecutors, who would implement new offenses, pursue organized retail theft cases, and participate in training and coordinated efforts.
• Offenders and potential offenders, who would be subject to new, graduated penalties for retail theft and organized retail theft.

Key Provisions

• Creates Retail Theft Crime Prevention Act and defines terms: conceal, organized retail theft, premises of a retail establishment, retail establishment, retail merchandise, retail value, and shopping cart.
• Establishes Retail Theft in three degrees with penalties: first degree (Class B felony) for high-value theft or firearm theft or aggregated theft thresholds; second degree (Class C felony) for $500-$2,500; third degree (Class A misdemeanor) for up to $500; fourth or subsequent convictions become Class C felony.
• Establishes Organized Retail Theft as a Class B felony with listed activities (e.g., organizing, evading anti-theft devices, collaborating with employees, unlawful possession of stolen merchandise).
• Provides for restitution to the retail merchant and legitimate costs to law enforcement/prosecution; allows for forfeiture of proceeds or instruments linked to the crimes.
• Sets venue and jurisdiction rules for prosecution and allows warrants to be issued by remote or digital means; includes protections for merchants in enforcement actions.
• Requires coordinated training and recommendations from state agencies and law enforcement to combat organized retail crime and related offenses, and to advise on public safety and enforcement.

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; Alabama Fights Organized Retail Theft and Theft by Shoplifting Act