HB288 Alabama 2023 Session

Sponsors

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;

Description

<p class="bill_description"> Under existing law, theft of property is a crime that is committed when a person commits a trespassory taking and carrying away of property belonging to another, with the intent to permanently deprive the owner of the property. The penalty for a violation is contingent upon the value of the property stolen and other factors</p><p class="bill_description"> This bill would establish the crime of retail theft that is committed when a person uses various means to deprive a merchant of all or part of the value of merchandise, including concealing merchandise on his or her person; altering or removing price tags; concealing merchandise in other containers; failing to scan items or otherwise pay for items at self-checkout registers; and other means. Penalties for a violation would be contingent upon the aggregate value of the items stolen</p><p class="bill_description"> This bill would also establish the crime of organized retail theft to establish an aggravated form of retail theft</p><p class="bill_description"> Section 111.05 of the Constitution of Alabama of 2022, 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 HB288 INTRODUCED 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</p><p class="bill_description"> 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</p><p class="bill_entitled_an_act"> 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; 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 Section 111.05 of the Constitution of Alabama of 2022. </p>

Subjects

Crimes and offenses; Alabama Fights Organized Retail Theft and Theft by Shoplifting Act