HB288 Alabama 2023 Session

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

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

This bill would also establish the crime of organized retail theft to establish an aggravated form of retail theft

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

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

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.