SB244ENGROSSED
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SB244
BYY9PJQ-2
By Senators Melson, Orr
RFD: Judiciary
First Read: 18-Mar-25
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First Read: 18-Mar-25
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to add Section
13A-8-2.2 to the Code of Alabama 1975, to establish the crime
of aggravated theft of employee retirement benefits; and to
provide a criminal penalty for a violation.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-8-2.2 is added to the Code of
Alabama 1975, to read as follows:
ยง13A-8-2.2
(a)(1) A person commits the crime of aggravated theft
of employee retirement benefits if the person embezzles,
steals, or unlawfully and willfully abstracts or converts to
his or her own use or to the use of another, any of the
monies, funds, premiums, credits, or other assets due to be
paid as contributions to any employee retirement benefit plan,
or to any fund connected with an employee retirement benefit
plan.
(2) For the purposes of this section, the term
"employee retirement benefit plan" includes, but is not
limited to, any plan under the Retirement Systems of Alabama
including the Teachers' Retirement System, the Employees'
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including the Teachers' Retirement System, the Employees'
Retirement System, and the Judicial Retirement Fund, and any
plan established under Chapter 27A or Chapter 27C of Title 36.
(b) It is an affirmative defense to a prosecution under
this section if an individual, in the course of his or her
employment, acts in good faith reliance upon the direction or
supervision of another under color of law or in a position of
authority.
(c) The limitations period for any prosecution under
this section does not commence or begin to accrue until the
discovery of the facts constituting the deception, after which
the prosecution shall be commenced within six years.
(d) Aggravated theft of employee retirement benefits is
a Class C felony.
(e) Notwithstanding any other law, the maximum
probation period shall not exceed 10 years unless otherwise
authorized by law.
(f) A conviction for aggravated theft of employee
retirement benefits shall be treated as a Class A or Class B
felony for purposes of Section 15-18-8.
Section 2. This act shall become effective on October
1, 2025.
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1, 2025.
Senate
Read for the first time and referred
to the Senate committee on Judiciary
................18-Mar-25
Read for the second time and placed
on the calendar:
0 amendments
................03-Apr-25
Read for the third time and passed
as amended
Yeas 30
Nays 0
Abstains 0
................15-Apr-25
Patrick Harris,
Secretary.
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