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Property Theft
The following law was passed in 2006:
Enrolled, An Act, Relating to theft of property in the second degree; amending Section 13A-8-4 of the Code of Alabama of 1975, as last amended by Act 2004-627, to adjust the monetary range of the offense to conform with other theft of property offenses and in instances of prior offenses to restore the alternative element concerning a defendant who has been previously convicted of receiving stolen property in the first or second degree; 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 Amendment 621 of the Constitution of Alabama of 1901.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-8-4 of the Code of Alabama 1975, as last amended by Act 2004-627, is amended to read as follows:
<< AL ST §13A-8-4 >>
"§ 13A-8-4.
"(a) The theft of property which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in value, and which is not taken from the person of another, constitutes theft of property in the second degree.
"(b) Theft of property in the second degree is a Class C felony.
"(c) The theft of a credit card or a debit card, regardless of its value, constitutes theft of property in the second degree.
"(d) The theft of a firearm, rifle, or shotgun, regardless of its value, constitutes theft of property in the second degree.
"(e) The theft of any substance controlled by Chapter 2 of Title 20 or any amendments thereto, regardless of value, constitutes theft of property in the second degree.
"(f) The theft of any livestock which includes cattle, swine, equine or equidae, or sheep, regardless of their value, constitutes theft of property in the second degree.
"(g) Notwithstanding subsection (a), the theft of property which exceeds two hundred fifty dollars ($250) in value but does not exceed two thousand five hundred dollars ($2,500) in value, and which is not taken from the person of another, where the defendant has previously been convicted of a theft of property in the first or second degree or receiving stolen property in the first or second degree, constitutes theft of property in the second degree."
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 Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.
Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.
Approved April 4, 2006.
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