AL
Alabama Senate Bill SB206

Alabama 2023 Regular Session

Alabama Senate Bill SB206 Compare Versions

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44 By Senators Chambliss, Waggoner, Gudger, Jones, Price,
55 Roberts, Scofield, Williams, Allen, Elliott, Weaver,
66 Livingston, Hovey, Carnley, Givhan, Sessions, Albritton,
77 Melson, Bell, Chesteen
88 RFD: Judiciary
99 First Read: 12-Apr-23
10-2023 Regular Session
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20-Enrolled, An Act,
21-Relating to crimes and offenses; to create the Retail
22-Theft Crime Prevention Act; to provide for the crime of retail
23-theft in various degrees; to provide for the crime of
24-organized retail theft; to provide criminal penalties for a
25-violation; and in connection therewith would have as its
26-purpose or effect the requirement of a new or increased
27-expenditure of local funds within the meaning of Section
28-111.05 of the Constitution of Alabama of 2022.
29-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
30-Section 1. Article 11, commencing with Section
31-13A-8-220, is added to Chapter 8 of Title 13A, Code of Alabama
32-1975, to read as follows:
33-Article 11
34-§13A-8-220
35-This article shall be known and may be cited as the
36-Retail Theft Crime Prevention Act.
37-§13A-8-221
38-As used in this article, the following terms have the
39-following meanings:
40-(1) CONCEAL. To place merchandise in a manner that is
41-not visible through ordinary observation.
42-(2) ORGANIZED RETAIL THEFT. Obtaining or exerting
43-unauthorized control over retail merchandise from a retail
44-merchant, retail establishment, or premises of a retail
45-establishment with the intent to deprive the owner or retail
46-merchant of his or her property or reselling, distributing, or
19+SYNOPSIS:
20+Under existing law, theft of property is a crime
21+that is committed when a person commits a trespassory
22+taking and carrying away of property belonging to
23+another, with the intent to permanently deprive the
24+owner of the property. The penalty for a violation is
25+contingent upon the value of the property stolen and
26+other factors.
27+This bill would establish the crime of retail
28+theft that is committed when a person uses various
29+means to deprive a merchant of all or part of the value
30+of merchandise, including concealing merchandise on his
31+or her person; altering or removing price tags;
32+concealing merchandise in other containers; failing to
33+scan items or otherwise pay for items at self-checkout
34+registers; and other means. Penalties for a violation
35+would be contingent upon the aggregate value of the
36+items stolen.
37+This bill would also establish the crime of
38+organized retail theft to establish an aggravated form
39+of retail theft.
40+Section 111.05 of the Constitution of Alabama of
41+2022, prohibits a general law whose purpose or effect
42+would be to require a new or increased expenditure of
43+local funds from becoming effective with regard to a
44+local governmental entity without enactment by a 2/3
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76-otherwise reentering the retail merchandise in commerce,
77-including the transfer of the stolen retail merchandise to
78-another retail merchant or to any other person, whether in
79-person, through the mail, or through any electronic medium,
80-including the Internet, in exchange for anything of value.
81-(3) PREMISES OF A RETAIL ESTABLISHMENT. The retail
82-establishment, common use areas in shopping centers, and
83-parking areas designated by a merchant or on behalf of a
84-merchant for the parking of motor vehicles for the convenience
85-of the patrons of the retail establishment or where stored for
86-delivery or transport to a retail establishment.
87-(4) RETAIL ESTABLISHMENT. Any place where merchandise
88-is displayed, held, stored, or offered for sale to the public.
89-(5) RETAIL MERCHANDISE. Any article, product,
90-commodity, component, or items of tangible personal property
91-displayed, held, stored, or offered for sale within a retail
92-establishment.
93-(6) RETAIL MERCHANT. An owner or operator of a retail
94-establishment or an agent, employee, lessee, officer, or
95-director of the owner or operator.
96-(7) RETAIL VALUE. The actual retail price of
97-merchandise prior to the commission of the subject criminal
98-offense.
99-§13A-8-222
100-A person commits the crime of retail theft if, with the
101-intent to obtain or exert unauthorized control over retail
102-merchandise from a retail merchant, retail establishment, or
103-premises of a retail establishment, or with the intent to
74+vote unless: it comes within one of a number of
75+specified exceptions; it is approved by the affected
76+entity; or the Legislature appropriates funds, or
77+provides a local source of revenue, to the entity for
78+the purpose.
79+The purpose or effect of this bill would be to
80+require a new or increased expenditure of local funds
81+within the meaning of the amendment. However, the bill
82+does not require approval of a local governmental
83+entity or enactment by a 2/3 vote to become effective
84+because it comes within one of the specified exceptions
85+contained in the amendment.
86+A BILL
87+TO BE ENTITLED
88+AN ACT
89+Relating to crimes and offenses; to create the Retail
90+Theft Crime Prevention Act; to provide for the crime of retail
91+theft in various degrees; to provide for the crime of
92+organized retail theft; to provide criminal penalties for a
93+violation; and in connection therewith would have as its
94+purpose or effect the requirement of a new or increased
95+expenditure of local funds within the meaning of Section
96+111.05 of the Constitution of Alabama of 2022.
97+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
98+Section 1. Article 11, commencing with Section
99+13A-8-220, is added to Chapter 8 of Title 13A, Code of Alabama
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133-deprive the owner or retail merchant of his or her retail
134-merchandise of all or some part of the value thereof or
135-without paying for the retail merchandise, he or she knowingly
136-does any of the following:
137-(1) Conceals upon his or her person or in another
138-manner and takes possession of two or more items of retail
139-merchandise of the retail establishment.
140-(2) Alters, transfers, or removes the label, price tag,
141-marking, indicia of value, or any other markings that aid in
142-determining the value affixed to retail merchandise in a
143-retail establishment, and purchases, or attempts to purchase,
144-the merchandise at less than its value.
145-(3) Transfers retail merchandise in a retail
146-establishment from one container to another with the intent to
147-purchase the merchandise at less than its retail value.
148-(4) Causes the cash register or other sales recording
149-device to reflect less than the retail value of the retail
150-merchandise of a retail establishment.
151-(5) Fails to scan the barcode and pay for retail
152-merchandise at a cash register or self-checkout register.
153-(6) Causes the amount paid to be less than the retail
154-merchant's stated price for the retail merchandise.
155-(7) Alters, bypasses, disables, shields, or removes any
156-security or alarm device attached to or housing retail
157-merchandise prior to the purchase of the merchandise.
158-(8) Removes or causes the removal of retail merchandise
159-from the premises of a retail establishment.
160-(9) Collaborates with an employee of the retail
129+1975, to read as follows:
130+Article 11
131+§13A-8-220
132+This article shall be known and may be cited as the
133+Retail Theft Crime Prevention Act.
134+§13A-8-221
135+As used in this article, the following terms have the
136+following meanings:
137+(1) CONCEAL. To place merchandise in a manner that is
138+not visible through ordinary observation.
139+(2) ORGANIZED RETAIL THEFT. Obtaining or exerting
140+unauthorized control over retail merchandise from a retail
141+merchant, retail establishment, or premises of a retail
142+establishment with the intent to deprive the owner or retail
143+merchant of his or her property or reselling, distributing, or
144+otherwise reentering the retail merchandise in commerce,
145+including the transfer of the stolen retail merchandise to
146+another retail merchant or to any other person, whether in
147+person, through the mail, or through any electronic medium,
148+including the Internet, in exchange for anything of value.
149+(3) PREMISES OF A RETAIL ESTABLISHMENT. The retail
150+establishment, common use areas in shopping centers, and
151+parking areas designated by a merchant or on behalf of a
152+merchant for the parking of motor vehicles for the convenience
153+of the patrons of the retail establishment or where stored for
154+delivery or transport to a retail establishment.
155+(4) RETAIL ESTABLISHMENT. Any place where merchandise
156+is displayed, held, stored, or offered for sale to the public.
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190-establishment to commit any form of retail theft described in
191-this section.
192-§13A-8-223
193-(a)(1) Retail theft that exceeds two thousand five
194-hundred dollars ($2,500) in retail value constitutes retail
195-theft in the first degree.
196-(2) Retail theft of one or more items of retail
197-merchandise during a 180-day period, the aggregate value of
198-which is one thousand dollars ($1,000) or more constitutes
199-retail theft in the first degree.
200-(3) Theft of a firearm, rifle, or shotgun, regardless
201-of its value, from a retail merchant constitutes retail theft
202-in the first degree.
203-(b) Retail theft in the first degree is a Class B
204-felony.
205-§13A-8-224
206-(a) Retail theft that exceeds five hundred dollars
207-($500) in retail value, but does not exceed two thousand five
208-hundred dollars ($2,500) in retail value, constitutes retail
209-theft in the second degree.
210-(b) Retail theft in the second degree is a Class C
211-felony.
212-§13A-8-225
213-(a) Retail theft that does not exceed five hundred
214-dollars ($500) in retail value constitutes retail theft in the
215-third degree.
216-(b) Retail theft in the third degree is a Class A
217-misdemeanor.
186+(5) RETAIL MERCHANDISE. Any article, product,
187+commodity, component, or items of tangible personal property
188+displayed, held, stored, or offered for sale within a retail
189+establishment.
190+(6) RETAIL MERCHANT. An owner or operator of a retail
191+establishment or an agent, employee, lessee, officer, or
192+director of the owner or operator.
193+(7) RETAIL VALUE. The actual retail price of
194+merchandise prior to the commission of the subject criminal
195+offense.
196+(8) SHOPPING CART. Push carts of the type commonly
197+provided by grocery stores, drug stores, or other retail
198+establishments for the use of the public in transporting
199+commodities on or from the premises of the retail
200+establishment.
201+§13A-8-222
202+A person commits the crime of retail theft if, with the
203+intent to obtain or exert unauthorized control over retail
204+merchandise from a retail merchant, retail establishment, or
205+premises of a retail establishment, or with the intent to
206+deprive the owner or retail merchant of his or her retail
207+merchandise of all or some part of the value thereof or
208+without paying for the retail merchandise, he or she knowingly
209+does any of the following:
210+(1) Conceals upon his or her person or in another
211+manner and takes possession of two or more items of retail
212+merchandise of the retail establishment.
213+(2) Alters, transfers, or removes the label, price tag,
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247-(c) A fourth or subsequent conviction for an offense
248-under this article is a Class C felony.
249-§13A-8-226
250-(a) A person commits the crime of organized retail
251-theft when the person, in association with one or more other
252-persons, knowingly does any of the following:
253-(1) Organizes, supervises, finances, participates,
254-directs, solicits, or otherwise manages or assists another
255-person in committing organized retail theft.
256-(2) Removes, destroys, deactivates, or knowingly evades
257-any component of an antishoplifting or inventory control
258-device to prevent the activation of that device or to
259-facilitate another person in committing organized retail
260-theft.
261-(3) Attempts, solicits, or conspires with another
262-person to commit organized retail theft.
263-(4) Receives, purchases, or possesses retail
264-merchandise for sale or resale knowing or believing the retail
265-merchandise to be stolen is from a retail merchant.
266-(5) Uses any fraud, artifice, instrument, container,
267-device, or other article to facilitate the commission of
268-organized retail theft.
269-(6) Remains unlawfully inside a retail establishment
270-after business hours, with the intent to commit a retail theft
271-therein.
272-(7) Uses a wireless telecommunication device or other
273-digital or electronic device to facilitate the theft of retail
274-merchandise.
243+marking, indicia of value, or any other markings that aid in
244+determining the value affixed to retail merchandise in a
245+retail establishment, and purchases, or attempts to purchase,
246+the merchandise at less than its value.
247+(3) Transfers retail merchandise in a retail
248+establishment from one container to another with the intent to
249+purchase the merchandise at less than its retail value.
250+(4) Causes the cash register or other sales recording
251+device to reflect less than the retail value of the retail
252+merchandise of a retail establishment.
253+(5) Fails to scan the barcode and pay for retail
254+merchandise at a cash register or self-checkout register.
255+(6) Causes the amount paid to be less than the retail
256+merchant's stated price for the retail merchandise.
257+(7) Alters, bypasses, disables, shields, or removes any
258+security or alarm device attached to or housing retail
259+merchandise prior to the purchase of the merchandise.
260+(8) Removes or causes the removal of retail merchandise
261+from the premises of a retail establishment or beyond the last
262+station for payment.
263+(9) Removes a shopping cart from the premises of a
264+retail establishment without the consent of the retail
265+merchant given at the time of the removal with the intention
266+of depriving the retail merchant of the possession, use, or
267+benefit of the cart.
268+(10) Collaborates with an employee of the retail
269+establishment to commit any form of retail theft described in
270+this section.
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304-(8) Uses a rental or stolen motor vehicle or vehicle of
305-another in the course of committing retail theft for the
306-purposes of the concealment of his or her identity.
307-(9) Receives, retains, or disposes of retail
308-merchandise knowing that it has been stolen or having
309-reasonable grounds to believe it has been stolen.
310-(b)(1) Theft of one or more items of retail
311-merchandise, the aggregate value of which exceeds two thousand
312-five hundred dollars ($2,500) in retail value during a
313-one-year or longer period, constitutes organized retail theft.
314-(2) Theft of retail merchandise consisting of one or
315-more items of retail merchandise during a 180-day period, the
316-aggregate value of which is one thousand dollars ($1,000) or
317-more, constitutes organized retail theft.
318-(3) Theft or retail merchandise consisting of one or
319-more items of retail merchandise during a 30-day period, the
320-aggregate value of which is five hundred dollars ($500) or
321-more, constitutes organized retail theft.
322-(c) It shall be prima facie evidence that a person who
323-violates this section acts knowingly when any of the following
324-apply:
325-(1) On two or more separate occasions within a year
326-prior of the commission of the instant offense of organized
327-retail theft, the person is found in possession or control of
328-stolen retail merchandise.
329-(2) The person possesses retail merchandise which has
330-been recently stolen.
331-(3) The person regularly buys, sells, uses, or handles
300+§13A-8-223
301+(a)(1) Retail theft that exceeds two thousand five
302+hundred dollars ($2,500) in retail value constitutes retail
303+theft in the first degree.
304+(2) Retail theft of one or more items of retail
305+merchandise during a 180-day period, the aggregate value of
306+which is one thousand dollars ($1,000) or more constitutes
307+retail theft in the first degree.
308+(3) Theft of a firearm, rifle, or shotgun, regardless
309+of its value, from a retail merchant constitutes retail theft
310+in the first degree.
311+(b) Retail theft in the first degree is a Class B
312+felony.
313+§13A-8-224
314+(a) Retail theft that exceeds five hundred dollars
315+($500) in retail value, but does not exceed two thousand five
316+hundred dollars ($2,500) in retail value, constitutes retail
317+theft in the second degree.
318+(b) Retail theft in the second degree is a Class C
319+felony.
320+§13A-8-225
321+(a) Retail theft that does not exceed five hundred
322+dollars ($500) in retail value constitutes retail theft in the
323+third degree.
324+(b) Retail theft in the third degree is a Class A
325+misdemeanor.
326+(c) A fourth or subsequent conviction for an offense
327+under this article is a Class C felony.
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361-in the course of business retail merchandise of the sort
362-received, and acquired the retail merchandise without making
363-reasonable inquiry whether the individual selling or
364-delivering the retail merchandise to him or her had a legal
365-right to do so.
366-(d) The fact that the person or persons who acted in
367-association with the person charged under this article have
368-not been charged, convicted, apprehended, or identified is not
369-a defense to a charge of organized retail theft.
370-(e) Organized retail theft is a Class B felony.
371-§13A-8-227
372-(a) Any proceeds, property obtained by proceeds, or
373-instruments of the crimes of organized retail theft or retail
374-theft may be subject to forfeiture pursuant to the procedures
375-set forth in Section 20-2-93.
376-(b) When a person is convicted of organized retail
377-theft, upon request of the district attorney, the court shall
378-order the defendant to make restitution as follows:
379-(1) To the retail merchant victim, pursuant to the
380-procedures set forth in Section 15-18-67.
381-(2) To the primary investigative law enforcement and
382-prosecutorial entities for any legitimate cost incurred in the
383-course of the investigation or prosecution, pursuant to the
384-procedures set forth in Section 20-2-190(j), or an amount
385-agreed upon by the district attorney.
386-§13A-8-228
387-It is not a defense to a charge under this article that
388-the property was not stolen, embezzled, or converted property
357+§13A-8-226
358+(a) A person commits the crime of organized retail
359+theft when the person, in association with one or more other
360+persons, knowingly does any of the following:
361+(1) Organizes, supervises, finances, participates,
362+directs, solicits, or otherwise manages or assists another
363+person in committing organized retail theft.
364+(2) Removes, destroys, deactivates, or knowingly evades
365+any component of an antishoplifting or inventory control
366+device to prevent the activation of that device or to
367+facilitate another person in committing organized retail
368+theft.
369+(3) Attempts, solicits, or conspires with another
370+person to commit organized retail theft.
371+(4) Receives, purchases, or possesses retail
372+merchandise for sale or resale knowing or believing the retail
373+merchandise to be stolen is from a retail merchant.
374+(5) Uses any fraud, artifice, instrument, container,
375+device, or other article to facilitate the commission of
376+organized retail theft.
377+(6) Remains unlawfully inside a retail establishment
378+after business hours, with the intent to commit a retail theft
379+therein.
380+(7) Uses a wireless telecommunication device or other
381+digital or electronic device to facilitate the theft of retail
382+merchandise.
383+(8) Uses a rental or stolen motor vehicle or vehicle of
384+another in the course of committing retail theft for the
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418-at the time of the violation if the property was explicitly
419-represented to the accused person as being stolen, embezzled,
420-or converted property.
421-§13A-8-229
422-Nothing in this article prohibits a person from being
423-charged with, convicted of, or sentenced for any violation of
424-law arising out of the same criminal transaction that violates
425-this article.
426-§13A-8-230
427-(a) Any violation of this article may only be
428-prosecuted in the circuit or district court.
429-(b) In any criminal proceeding brought pursuant to this
430-article, the crime shall be considered to be committed in any
431-county in which any part of the crime took place, regardless
432-of whether the defendant was ever actually present in that
433-county, or in the county of residence of the person who is the
434-subject of the theft by retail theft or organized retail
435-theft.
436-(c) Any arrest or detention by a retail merchant shall
437-be subject to the requirements and protections as provided in
438-Section 15-10-14.
439-§13A-8-231
440-(a) The fact that a person conceals merchandise for
441-which he or she has not paid the full value, and the retail
442-merchandise has been taken beyond the area within the retail
443-establishment or premises of a retail establishment where
444-payment for it is to be made, shall be prima facie evidence
445-that the person has possessed, carried away, or transferred
414+purposes of the concealment of his or her identity.
415+(9) Receives, retains, or disposes of retail
416+merchandise knowing that it has been stolen or having
417+reasonable grounds to believe it has been stolen.
418+(b) It shall be prima facie evidence that a person who
419+violates this section acts knowingly when any of the following
420+apply:
421+(1) On two or more separate occasions within a year
422+prior of the commission of the instant offense of organized
423+retail theft, the person is found in possession or control of
424+stolen retail merchandise.
425+(2) The person possesses retail merchandise which has
426+been recently stolen.
427+(3) The person regularly buys, sells, uses, or handles
428+in the course of business retail merchandise of the sort
429+received, and acquired the retail merchandise without making
430+reasonable inquiry whether the individual selling or
431+delivering the retail merchandise to him or her had a legal
432+right to do so.
433+(c) The fact that the person or persons who acted in
434+association with the person charged under this article have
435+not been charged, convicted, apprehended, or identified is not
436+a defense to a charge of organized retail theft.
437+(d) Organized retail theft is a Class B felony.
438+§13A-8-227
439+(a) Any proceeds, property obtained by proceeds, or
440+instruments of the crimes of organized retail theft or retail
441+theft may be subject to forfeiture pursuant to the procedures
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475-the retail merchandise with the intention of depriving the
476-retail merchant of all or part of the full value of the retail
477-merchandise without paying the full value of the retail
478-merchandise in violation of this article.
479-(b)(1) A violation of this article shall be deemed
480-prima facie evidence that the person intended to deprive the
481-merchant of all or part of the full retail value of the
482-merchandise without paying the full value of the merchandise.
483-(2) The unaltered price tag or other marking on the
484-merchandise, or duly identified photographs of the
485-merchandise, shall be prima facie evidence of the
486-merchandise's actual retail value and ownership.
487-(c) Nothing in this subsection shall be construed to
488-provide that the mere possession of goods or the production by
489-shoppers of improperly priced merchandise for checkout shall
490-constitute prima facie evidence of guilt.
491-§13A-8-232
492-(a) A warrant for the crime of retail theft or
493-organized retail theft may be sworn and issued by a judge or
494-magistrate remotely, digitally, via video link, or by
495-telephone. The physical presence of the affiant before the
496-judge or magistrate is not required.
497-(b) Other methods of technology not specifically
498-described in subsection (a) may be used to facilitate the oath
499-and issuance of a criminal warrant pursuant to this article
500-upon the approval of the technology by the presiding judge and
501-district attorney of the judicial circuit.
502-§13A-8-233
471+set forth in Section 20-2-93.
472+(b) When a person is convicted of organized retail
473+theft or retail theft, upon request of the district attorney,
474+the court shall order the defendant to make restitution as
475+follows:
476+(1) To the retail merchant victim, pursuant to the
477+procedures set forth in Section 15-18-67.
478+(2) To the primary investigative law enforcement and
479+prosecutorial entities for any legitimate cost incurred in the
480+course of the investigation or prosecution, pursuant to the
481+procedures set forth in Section 20-2-190(j), or an amount
482+agreed upon by the district attorney.
483+§13A-8-228
484+It is not a defense to a charge under this article that
485+the property was not stolen, embezzled, or converted property
486+at the time of the violation if the property was explicitly
487+represented to the accused person as being stolen, embezzled,
488+or converted property.
489+§13A-8-229
490+Nothing in this article prohibits a person from being
491+charged with, convicted of, or sentenced for any violation of
492+law arising out of the same criminal transaction that violates
493+this article.
494+§13A-8-230
495+(a) Any violation of this article may only be
496+prosecuted in the circuit or district court.
497+(b) In any criminal proceeding brought pursuant to this
498+article, the crime shall be considered to be committed in any
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532-The Office of Prosecution Services, Office of the
533-Attorney General, Alabama State Law Enforcement Agency,
534-Alabama Association of Chiefs of Police, Alabama Sheriffs
535-Association, Alabama Grocers Association, and Alabama Retail
536-Association shall make reasonable coordinated efforts to
537-develop training for prosecutors and law enforcement agencies
538-throughout the state to combat organized retail crime,
539-violations of Chapter 41 of Title 8, and other crimes
540-negatively impacting small and large businesses in Alabama and
541-make recommendations to the Alabama Legislature and Governor
542-regarding public safety and the prevention of organized retail
543-crime, enforcement and prosecution of this article and Chapter
544-41 of Title 8, as well as the impact of organized retail
545-thefts on Alabama businesses and the public.
546-Section 2. Although this bill would have as its purpose
547-or effect the requirement of a new or increased expenditure of
548-local funds, the bill is excluded from further requirements
549-and application under Section 111.05 of the Constitution of
550-Alabama of 2022, because the bill defines a new crime or
551-amends the definition of an existing crime.
552-Section 3. This act shall become effective on the first
553-day of the third month following its passage and approval by
554-the Governor, or its otherwise becoming law.
528+county in which any part of the crime took place, regardless
529+of whether the defendant was ever actually present in that
530+county, or in the county of residence of the person who is the
531+subject of the theft by retail theft or organized retail
532+theft.
533+(c) Any arrest or detention by a retail merchant shall
534+be subject to the requirements and protections as provided in
535+Section 15-10-14.
536+§13A-8-231
537+(a) The fact that a person conceals merchandise for
538+which he or she has not paid the full value, and the retail
539+merchandise has been taken beyond the area within the retail
540+establishment or premises of a retail establishment where
541+payment for it is to be made, shall be prima facie evidence
542+that the person has possessed, carried away, or transferred
543+the retail merchandise with the intention of depriving the
544+retail merchant of all or part of the full value of the retail
545+merchandise without paying the full value of the retail
546+merchandise in violation of this article.
547+(b)(1) A violation of this article shall be deemed
548+prima facie evidence that the person intended to deprive the
549+merchant of all or part of the full retail value of the
550+merchandise without paying the full value of the merchandise.
551+(2) The unaltered price tag or other marking on the
552+merchandise, or duly identified photographs of the
553+merchandise, shall be prima facie evidence of the
554+merchandise's actual retail value and ownership.
555+(c) Nothing in this subsection shall be construed to
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579-________________________________________________
580-President and Presiding Officer of the Senate
581-________________________________________________
582-Speaker of the House of Representatives
583-SB206
584-Senate 11-May-23
585-I hereby certify that the within Act originated in and passed
586-the Senate, as amended.
587-Patrick Harris,
588-Secretary.
589-House of Representatives
590-Amended and passed: 31-May-23
591-Senate concurred in House amendment 31-May-23
592-By: Senator Chambliss
578+275
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585+provide that the mere possession of goods or the production by
586+shoppers of improperly priced merchandise for checkout shall
587+constitute prima facie evidence of guilt.
588+§13A-8-232
589+(a) A warrant for the crime of retail theft or
590+organized retail theft may be sworn and issued by a magistrate
591+remotely, digitally, via video link, or by telephone. The
592+physical presence of the affiant before the magistrate is not
593+required.
594+(b) Other methods of technology not specifically
595+described in subsection (a) may be used to facilitate the oath
596+and issuance of a criminal warrant pursuant to this article
597+upon the approval of the technology by the presiding judge and
598+district attorney of the judicial circuit.
599+§13A-8-233
600+The Office of Prosecution Services, Office of the
601+Attorney General, Alabama State Law Enforcement Agency,
602+Alabama Association of Chiefs of Police, Alabama Sheriffs
603+Association, Alabama Grocers Association, and Alabama Retail
604+Association shall make reasonable coordinated efforts to
605+develop training for prosecutors and law enforcement agencies
606+throughout the state to combat organized retail crime,
607+violations of Chapter 41 of Title 8, and other crimes
608+negatively impacting small and large businesses in Alabama and
609+make recommendations to the Alabama Legislature and Governor
610+regarding public safety and the prevention of organized retail
611+crime, enforcement and prosecution of this article and Chapter
612+41 of Title 8, as well as the impact of organized retail
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642+thefts on Alabama businesses and the public.
643+Section 2. Although this bill would have as its purpose
644+or effect the requirement of a new or increased expenditure of
645+local funds, the bill is excluded from further requirements
646+and application under Section 111.05 of the Constitution of
647+Alabama of 2022, because the bill defines a new crime or
648+amends the definition of an existing crime.
649+Section 3. This act shall become effective on the first
650+day of the third month following its passage and approval by
651+the Governor, or its otherwise becoming law.
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