The Alabama House of Representatives on Wednesday voted to pass legislation creating the crime of organized retail theft. The new bill will levy heavy criminal penalties on people engaged in organized retail theft. The Senate concurred with the House changes to the bill.
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).
Treadaway explained that cracking down on organized retail theft is necessary to protect the retail industry.
“We are trying to keep these stores in the community,” Treadaway said in the House floor debate. “This is a $100 billion problem in America.”
Rep. Mary Moore (D-Birmingham) was concerned that people might accidentally be charged with this crime. “When the store is having a sale and goes through and marks through the price with a pen, a shopper could be accused of having marked through the price themselves,” Moore argued.
“You have to show intent,” Treadaway said. “That applies right now.”
“This bill is trying to put the whole neighborhood in jail,” Moore said. “In my community, if we just walk through the store, people think we are trying to steal something.”
“I don’t want us passing bills that may cause harm to innocent people accused of stealing something,” Moore said.
Treadaway is a retired deputy chief of police for the City of Birmingham.
“Mainly, what we are seeing is the organized crime that has infiltrated this kind of activity,” Treadaway said.
Treadaway said this legislation “allows the law to reach out and hold the folks accountable when they are working together in this kind of activity.”
Rep. Juandalynn Givan (D-Birmingham) said, “In the urban area, we are losing a lot of businesses. We are seeing where those storefronts are now abandoned.”
“How do we identify the theft? How are we identifying the thief?” Givan asked.
Treadaway explained, “The organized retail theft you are getting into now involves people working together.”
Treadaway explained that organized crime then sells the stolen merchandise online or in a brick and mortar businesses that they operate.
“It is happening everywhere,” Treadaway said. “We have seen a tenfold increase.”
Rep. Prince Chestnut (D-Selma)asked, “Is legislation alone going to make the difference?”
Treadway answered, “No, but it is a part of it.”
Chestnut offered an amendment to the bill.
“This is a (Judiciary) committee amendment,” Chestnut said.
The House voted to adopt the first amendment in a 102 to 0 vote.
Rep. Jeremy Gray (D-Opelika) brought a second amendment that was adopted by the House.
This legislation is supported by the Alabama Retail Association.
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.
Retail theft in the first degree would be a Class B felony. Retail theft in the second degree is a Class C felony. 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. Organized retail theft is a Class B felony.
The House of Representatives voted 76 to 27 to pass the legislation. It had already passed the Senate.
Late on Wednesday afternoon, the Alabama Senate voted 34 to 0 to concur with the House changes to the legislation. SB206 now goes to the governor for her consideration.
Thursday will be day 29 of the 2023 Alabama Regular Legislative Session.
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