House Bill 328 Alabama 2026 Session

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 adds theft-connected arson as first-degree arson and imposes a minimum 20-year sentence, effective October 1, 2026.

What This Bill Does

The bill changes the arson law to treat arson as first-degree if a fire or explosion is started in a building where someone is present and either the person is known to be there (or the presence is reasonably possible), or the arson is started to commit or in connection with a theft and damages reach $25,000 or more. It sets the penalty for first-degree arson as a Class A felony with a minimum sentence of 20 years, and the sentence must run consecutively with any other sentences arising from the same facts. The effective date is October 1, 2026.

Who It Affects

• Offenders who commit arson in a building with someone present or arson connected to theft causing $25,000+ in damages will face a Class A felony with a minimum 20-year sentence.
• Building occupants, property owners, and the public, due to the higher penalties and strengthened consequences for theft-related arson.

Key Provisions

• Amends §13A-7-41 to establish first-degree arson when either a person is present and the arsonist knows or reasonably should know of that presence, or the arson is started to commit or in connection with a theft with $25,000+ in damages.
• Arson in the first degree remains a Class A felony with a minimum term of imprisonment of 20 years, to run consecutively with other sentences arising from the same facts; effective October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes & Offenses