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HB 328

Crimes and offenses; arson in the first degree, elements of crime further provided to include arson in connection to a theft; minimum penalties provided

2026 Regular Session Introduced by David Faulkner

Alabama bill expands first-degree arson to include theft-related fire crimes and establishes mandatory minimum penalties for prosecution.

Enacted
#crimes&offenses
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Bill Summary · HB 328

Legislative bill overview

HB 328 expands Alabama's first-degree arson statute to include arson committed in connection with theft, and establishes mandatory minimum penalties for this enhanced offense. The bill clarifies that intentionally burning property while committing or attempting to commit theft constitutes first-degree arson, regardless of whether the property belongs to the theft victim.

Why is this important

This change increases criminal penalties for a specific category of property crimes, potentially affecting sentencing outcomes for individuals who use fire during theft-related incidents. It reflects a legislative intent to treat arson-theft combinations as more serious offenses, which could impact incarceration rates and criminal justice resource allocation.

Potential points of contention

  • Mandatory minimums and sentencing discretion: The addition of mandatory minimum penalties removes judicial flexibility in sentencing, which criminal justice reform advocates argue can lead to disproportionate sentences in cases with mitigating circumstances.
  • Definitional scope: Linking arson to "in connection with" theft could create prosecutorial interpretation questions about how directly connected the arson must be to the theft attempt.
  • Disparate impact concerns: Enhanced penalties may disproportionately affect lower-income defendants who commit property crimes, raising equity questions without explicit safeguards.

Compiled from official sources — confirm details with the bill’s official record.

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