House Bill 328 Alabama 2026 Session

Updated Feb 12, 2026

Summary

Primary Sponsor: David FaulknerRepresentative
Republican
Session: 2026 Regular Session
Title: Crimes and offenses; arson in the first degree, elements of crime further provided to include arson in connection to a theft; minimum penalties provided
Summary: HB328 would expand first-degree arson to include theft-related arson with $25,000+ damage when a person is present, and add a 20-year minimum sentence with consecutive terms, effective October 1, 2026.
What This Bill Does
It adds a new way the crime of arson in the first degree can be charged: if someone is in the building and the arson is done to commit or facilitate a theft that damages $25,000 or more, that act becomes first-degree arson. It maintains arson in the first degree as a Class A felony and now imposes a minimum of 20 years in prison for violations. The 20-year term would run consecutively with other prison terms arising from the same facts and circumstances. The act takes effect on October 1, 2026.

Who It Affects
Offenders: People who commit arson, especially when tied to theft or when someone is present in the building, could face first-degree arson charges with a 20-year minimum and consecutive sentencing.
Property owners, occupants, and the public: The stricter penalties and potential deterrence aim to increase safety for people in buildings and the surrounding community.

Key Provisions
Amends Section 13A-7-41 to make arson in the first degree apply when arson is committed in conjunction with or to accomplish a theft and damages at least $25,000, with a person present in the building.
Imposes a minimum term of imprisonment of not less than 20 years for arson in the first degree.
Requires the 20-year term to run consecutively with any other prison terms arising from the same facts and circumstances.
Effective date is October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Crimes & Offenses