SB391 Alabama 2014 Session

Under existing law, theft of property in the first degree, a Class B felony, is the theft of property which exceeds $2,500 in value or property of any value taken from the person of another

This bill would create the crime of aggravated theft of property, a Class A felony, to include the theft of property that exceeds $100,000 in value or the theft of property that exceeds $50,000 of public money or revenue of state, counties, or municipalities

This bill would also specify that the prosecution of the offense of aggravated theft of property must be commenced within six years after the commission of the offense and would also exclude offenses involving theft or conversion of securities from the three-year statute of limitations for certain felonies

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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 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

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

To add Section 13A-8-2.1 to the Code of Alabama 1975, relating to theft of property; to create the crime of aggravated theft of property and to provide penalties; to amend Section 13A-8-3, Code of Alabama 1975, relating to theft of property in the first degree, to make conforming changes; to amend Section 15-3-1, Code of Alabama 1975, to provide a limitation for prosecution of aggravated theft of property; to further provide for the limitation period for the conversion of securities; 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 Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.