SB206ENROLLED
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9321BP-3
By Senators Chambliss, Waggoner, Gudger, Jones, Price,
Roberts, Scofield, Williams, Allen, Elliott, Weaver,
Livingston, Hovey, Carnley, Givhan, Sessions, Albritton,
Melson, Bell, Chesteen
RFD: Judiciary
First Read: 12-Apr-23
2023 Regular Session
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Enrolled, An Act,
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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Article 11, commencing with Section
13A-8-220, is added to Chapter 8 of Title 13A, Code of Alabama
1975, to read as follows:
Article 11
§13A-8-220
This article shall be known and may be cited as the
Retail Theft Crime Prevention Act.
§13A-8-221
As used in this article, the following terms have the
following meanings:
(1) CONCEAL. To place merchandise in a manner that is
not visible through ordinary observation.
(2) ORGANIZED RETAIL THEFT. Obtaining or exerting
unauthorized control over retail merchandise from a retail
merchant, retail establishment, or premises of a retail
establishment with the intent to deprive the owner or retail
merchant of his or her property or reselling, distributing, or
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otherwise reentering the retail merchandise in commerce,
including the transfer of the stolen retail merchandise to
another retail merchant or to any other person, whether in
person, through the mail, or through any electronic medium,
including the Internet, in exchange for anything of value.
(3) PREMISES OF A RETAIL ESTABLISHMENT. The retail
establishment, common use areas in shopping centers, and
parking areas designated by a merchant or on behalf of a
merchant for the parking of motor vehicles for the convenience
of the patrons of the retail establishment or where stored for
delivery or transport to a retail establishment.
(4) RETAIL ESTABLISHMENT. Any place where merchandise
is displayed, held, stored, or offered for sale to the public.
(5) RETAIL MERCHANDISE. Any article, product,
commodity, component, or items of tangible personal property
displayed, held, stored, or offered for sale within a retail
establishment.
(6) RETAIL MERCHANT. An owner or operator of a retail
establishment or an agent, employee, lessee, officer, or
director of the owner or operator.
(7) RETAIL VALUE. The actual retail price of
merchandise prior to the commission of the subject criminal
offense.
§13A-8-222
A person commits the crime of retail theft if, with the
intent to obtain or exert unauthorized control over retail
merchandise from a retail merchant, retail establishment, or
premises of a retail establishment, or with the intent to
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deprive the owner or retail merchant of his or her retail
merchandise of all or some part of the value thereof or
without paying for the retail merchandise, he or she knowingly
does any of the following:
(1) Conceals upon his or her person or in another
manner and takes possession of two or more items of retail
merchandise of the retail establishment.
(2) Alters, transfers, or removes the label, price tag,
marking, indicia of value, or any other markings that aid in
determining the value affixed to retail merchandise in a
retail establishment, and purchases, or attempts to purchase,
the merchandise at less than its value.
(3) Transfers retail merchandise in a retail
establishment from one container to another with the intent to
purchase the merchandise at less than its retail value.
(4) Causes the cash register or other sales recording
device to reflect less than the retail value of the retail
merchandise of a retail establishment.
(5) Fails to scan the barcode and pay for retail
merchandise at a cash register or self-checkout register.
(6) Causes the amount paid to be less than the retail
merchant's stated price for the retail merchandise.
(7) Alters, bypasses, disables, shields, or removes any
security or alarm device attached to or housing retail
merchandise prior to the purchase of the merchandise.
(8) Removes or causes the removal of retail merchandise
from the premises of a retail establishment.
(9) Collaborates with an employee of the retail
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establishment to commit any form of retail theft described in
this section.
§13A-8-223
(a)(1) Retail theft that exceeds two thousand five
hundred dollars ($2,500) in retail value constitutes retail
theft in the first degree.
(2) Retail theft of one or more items of retail
merchandise during a 180-day period, the aggregate value of
which is one thousand dollars ($1,000) or more constitutes
retail theft in the first degree.
(3) Theft of a firearm, rifle, or shotgun, regardless
of its value, from a retail merchant constitutes retail theft
in the first degree.
(b) Retail theft in the first degree is a Class B
felony.
§13A-8-224
(a) Retail theft that exceeds five hundred dollars
($500) in retail value, but does not exceed two thousand five
hundred dollars ($2,500) in retail value, constitutes retail
theft in the second degree.
(b) Retail theft in the second degree is a Class C
felony.
§13A-8-225
(a) Retail theft that does not exceed five hundred
dollars ($500) in retail value constitutes retail theft in the
third degree.
(b) Retail theft in the third degree is a Class A
misdemeanor.
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(c) A fourth or subsequent conviction for an offense
under this article is a Class C felony.
§13A-8-226
(a) A person commits the crime of organized retail
theft when the person, in association with one or more other
persons, knowingly does any of the following:
(1) Organizes, supervises, finances, participates,
directs, solicits, or otherwise manages or assists another
person in committing organized retail theft.
(2) Removes, destroys, deactivates, or knowingly evades
any component of an antishoplifting or inventory control
device to prevent the activation of that device or to
facilitate another person in committing organized retail
theft.
(3) Attempts, solicits, or conspires with another
person to commit organized retail theft.
(4) Receives, purchases, or possesses retail
merchandise for sale or resale knowing or believing the retail
merchandise to be stolen is from a retail merchant.
(5) Uses any fraud, artifice, instrument, container,
device, or other article to facilitate the commission of
organized retail theft.
(6) Remains unlawfully inside a retail establishment
after business hours, with the intent to commit a retail theft
therein.
(7) Uses a wireless telecommunication device or other
digital or electronic device to facilitate the theft of retail
merchandise.
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(8) Uses a rental or stolen motor vehicle or vehicle of
another in the course of committing retail theft for the
purposes of the concealment of his or her identity.
(9) Receives, retains, or disposes of retail
merchandise knowing that it has been stolen or having
reasonable grounds to believe it has been stolen.
(b)(1) Theft of one or more items of retail
merchandise, the aggregate value of which exceeds two thousand
five hundred dollars ($2,500) in retail value during a
one-year or longer period, constitutes organized retail theft.
(2) Theft of retail merchandise consisting of one or
more items of retail merchandise during a 180-day period, the
aggregate value of which is one thousand dollars ($1,000) or
more, constitutes organized retail theft.
(3) Theft or retail merchandise consisting of one or
more items of retail merchandise during a 30-day period, the
aggregate value of which is five hundred dollars ($500) or
more, constitutes organized retail theft.
(c) It shall be prima facie evidence that a person who
violates this section acts knowingly when any of the following
apply:
(1) On two or more separate occasions within a year
prior of the commission of the instant offense of organized
retail theft, the person is found in possession or control of
stolen retail merchandise.
(2) The person possesses retail merchandise which has
been recently stolen.
(3) The person regularly buys, sells, uses, or handles
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in the course of business retail merchandise of the sort
received, and acquired the retail merchandise without making
reasonable inquiry whether the individual selling or
delivering the retail merchandise to him or her had a legal
right to do so.
(d) The fact that the person or persons who acted in
association with the person charged under this article have
not been charged, convicted, apprehended, or identified is not
a defense to a charge of organized retail theft.
(e) Organized retail theft is a Class B felony.
§13A-8-227
(a) Any proceeds, property obtained by proceeds, or
instruments of the crimes of organized retail theft or retail
theft may be subject to forfeiture pursuant to the procedures
set forth in Section 20-2-93.
(b) When a person is convicted of organized retail
theft, upon request of the district attorney, the court shall
order the defendant to make restitution as follows:
(1) To the retail merchant victim, pursuant to the
procedures set forth in Section 15-18-67.
(2) To the primary investigative law enforcement and
prosecutorial entities for any legitimate cost incurred in the
course of the investigation or prosecution, pursuant to the
procedures set forth in Section 20-2-190(j), or an amount
agreed upon by the district attorney.
§13A-8-228
It is not a defense to a charge under this article that
the property was not stolen, embezzled, or converted property
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at the time of the violation if the property was explicitly
represented to the accused person as being stolen, embezzled,
or converted property.
§13A-8-229
Nothing in this article prohibits a person from being
charged with, convicted of, or sentenced for any violation of
law arising out of the same criminal transaction that violates
this article.
§13A-8-230
(a) Any violation of this article may only be
prosecuted in the circuit or district court.
(b) In any criminal proceeding brought pursuant to this
article, the crime shall be considered to be committed in any
county in which any part of the crime took place, regardless
of whether the defendant was ever actually present in that
county, or in the county of residence of the person who is the
subject of the theft by retail theft or organized retail
theft.
(c) Any arrest or detention by a retail merchant shall
be subject to the requirements and protections as provided in
Section 15-10-14.
§13A-8-231
(a) The fact that a person conceals merchandise for
which he or she has not paid the full value, and the retail
merchandise has been taken beyond the area within the retail
establishment or premises of a retail establishment where
payment for it is to be made, shall be prima facie evidence
that the person has possessed, carried away, or transferred
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the retail merchandise with the intention of depriving the
retail merchant of all or part of the full value of the retail
merchandise without paying the full value of the retail
merchandise in violation of this article.
(b)(1) A violation of this article shall be deemed
prima facie evidence that the person intended to deprive the
merchant of all or part of the full retail value of the
merchandise without paying the full value of the merchandise.
(2) The unaltered price tag or other marking on the
merchandise, or duly identified photographs of the
merchandise, shall be prima facie evidence of the
merchandise's actual retail value and ownership.
(c) Nothing in this subsection shall be construed to
provide that the mere possession of goods or the production by
shoppers of improperly priced merchandise for checkout shall
constitute prima facie evidence of guilt.
§13A-8-232
(a) A warrant for the crime of retail theft or
organized retail theft may be sworn and issued by a judge or
magistrate remotely, digitally, via video link, or by
telephone. The physical presence of the affiant before the
judge or magistrate is not required.
(b) Other methods of technology not specifically
described in subsection (a) may be used to facilitate the oath
and issuance of a criminal warrant pursuant to this article
upon the approval of the technology by the presiding judge and
district attorney of the judicial circuit.
§13A-8-233
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The Office of Prosecution Services, Office of the
Attorney General, Alabama State Law Enforcement Agency,
Alabama Association of Chiefs of Police, Alabama Sheriffs
Association, Alabama Grocers Association, and Alabama Retail
Association shall make reasonable coordinated efforts to
develop training for prosecutors and law enforcement agencies
throughout the state to combat organized retail crime,
violations of Chapter 41 of Title 8, and other crimes
negatively impacting small and large businesses in Alabama and
make recommendations to the Alabama Legislature and Governor
regarding public safety and the prevention of organized retail
crime, enforcement and prosecution of this article and Chapter
41 of Title 8, as well as the impact of organized retail
thefts on Alabama businesses and the public.
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB206
Senate 11-May-23
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 31-May-23
Senate concurred in House amendment 31-May-23
By: Senator Chambliss
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