The Alabama House of Representatives will meet on Wednesday. The first item on the special-order calendar is legislation levying heavy criminal penalties on persons engaged in organized retail theft.
Senate Bill 206 (SB206) is sponsored by State Senator Clyde Chambliss (R-Prattville). SB206 is being carried in the House of State by Representative Allen Treadaway (R-Morris).
Rep. Treadaway is the sponsor of the House of Representatives version of the bill.
Treadway warned in committee that without stiffer penalties on organized retail theft, more stores, including Wal-Mart and Target, will close. Treadaway said that organized teams of thieves are systematically preying on the state’s retailers.
This legislation is supported by the Alabama Retail Association.
The Alabama Retail Association released a statement saying, “Bills introduced this week will help put retail thieves behind bars while also punishing them financially. The Alabama Retail Association appreciates the Alabama District Attorneys Association for pursuing the legislation and the bill’s sponsors for introducing them. The retail theft/organized retail theft legislation makes it so retailers can sign out warrants for arrests without leaving their stores, gives convicted thieves and their organizers real jail time plus monetary consequences, and provides for training for prosecutors and law enforcement agencies. View video of retail crime expert talking about the need for the legislation.”
The Retail Theft Crime Prevention Act provides for the crime of retail theft in various degrees, provides for the crime of organized retail theft, and provides criminal penalties for a violation.
The bill defines organized retail theft as: “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 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.”
Retail theft that exceeds two thousand five hundred dollars ($2,500) in retail value constitutes retail theft in the first degree.
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.
Theft of a firearm, rifle, or shotgun, regardless of its value, from a retail merchant constitutes retail theft in the first degree.
Retail theft in the first degree is a Class B felony.
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.
Retail theft in the second degree is a Class C felony.
Retail theft that does not exceed five hundred dollars ($500) in retail value constitutes retail theft in the third degree.
Retail theft in the third degree is a Class A misdemeanor.
A fourth or subsequent conviction for an offense under this article is a Class C felony.
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.
(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.
Additionally, 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 to 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 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.
(c) 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.
(d) Organized retail theft is a Class B felony.
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.
When a person is convicted of organized retail theft or 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.
It is not a defense to a charge under this article that the property was not stolen, embezzled, or converted property at the time of the violation if the property was explicitly represented to the accused person as being stolen, embezzled, or converted property.
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.
Any violation of this article may only be prosecuted in the circuit or district court.
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.
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.
Wednesday will be day 28 of the 2023 Alabama Regular Legislative Session.
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