SB206 Alabama 2023 Session

Summary

Primary Sponsor

Clyde ChamblissSenator

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

SB206 creates the Retail Theft Crime Prevention Act, establishing retail theft in three degrees and an aggravated form called organized retail theft, with defined terms, penalties, enforcement tools, and training requirements.

What This Bill Does

It defines key terms like concealment, organized retail theft, and retail establishment, and then creates retail theft as a crime with four levels of severity based on how much value is involved and specific conduct. It lists acts that constitute retail theft (e.g., concealing items, changing price tags, not scanning items, or altering sales records) and sets corresponding penalties: first degree is a Class B felony, second degree Class C, third degree a Class A misdemeanor, and a fourth or subsequent conviction becomes a Class C felony. It also creates an aggravated, organized retail theft offense with additional conduct rules, higher thresholds, and restitution/forfeiture provisions, plus enforcement tools like remote warrant processes and state-wide training for prosecutors and law enforcement.

Who It Affects

• Retail merchants and their employees: gain new legal tools to deter, prosecute, and recover costs from theft, including restitution and potential forfeiture of proceeds.
• People who shoplift or participate in organized retail theft: face new criminal charges with higher penalties, including organized theft for large-scale or repeated offenses.
• Law enforcement agencies and prosecutors: must enforce the new crimes, apply the larger penalties, issue warrants (including remotely via technology), and receive state-supported training and coordination.
• Local governments and taxpayers: the act is designed to be exempt from a certain local-funding requirement, but enforcement and prosecution may still involve local jurisdictions; the restitution and cost provisions affect government entities as victims or recipients.

Key Provisions

• Creates the Retail Theft Crime Prevention Act as Article 11 in Chapter 8 of Title 13A, with defined terms: conceal, organized retail theft, premises of a retail establishment, retail establishment, retail merchandise, retail merchant, and retail value.
• Establishes retail theft as a crime with degrees based on value and conduct: first degree (>$2,500, or $1,000 within 180 days, or theft of a firearm) is Class B felony; second degree ($500–$2,500) is Class C felony; third degree (≤$500) is Class A misdemeanor; a fourth or subsequent conviction is Class C felony.
• Creates organized retail theft as an aggravated form with multiple listed acts (e.g., organizing, altering anti-theft devices, staying inside after hours, using electronic devices to facilitate theft) and sets thresholds for when theft becomes organized (e.g., $2,500+ in a year, $1,000+ in 180 days, or $500+ in 30 days); organized theft is Class B felony.
• Provides restitution and forfeiture rules: upon conviction, courts may order restitution to the merchant and costs to enforcement entities, and proceeds or instruments of organized/retail theft may be forfeited to appropriate authorities.
• Defines venue and jurisdiction provisions: prosecutions may occur in circuit or district court; offenses can be treated as occurring in any county where part of the crime took place; specific protections for arrestees are included.
• Allows warrants for retail theft or organized retail theft to be issued remotely using video or other technology, with flexible procedures and approvals; permits technology-enabled oath and warrant processes.
• Requires cross-agency training and coordination: state-level offices and associations will collaborate to develop training for prosecutors and law enforcement to combat organized retail crime and related offenses, and to advise on public-safety and prevention strategies.
• Notes local expenditure considerations: the act states it is exempt from certain local-funding requirements because it creates or amends a crime, and it becomes effective on the first day of the third month after passage.

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