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Bill

SB 244

RELATING TO HAWAII CORRECTIONAL INDUSTRIES.

2024 Regular Session Introduced by Kurt Fevella and 1 co-sponsor

Senate Bill 244 criminalizes the theft of employee retirement benefits, deterring crime and protecting funds meant for workers' financial security in Alabama.

Carried over to 2024 Regular Session.
#corrections #goods #manufacture #procurement #production
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Bill Summary · SB 244

Summary of Senate Bill 244: Theft of Employee Retirement Benefits

Overview

Senate Bill 244, titled "Theft of Employee Retirement Benefits, Crime Created," was introduced on March 18, 2025, and has been enacted as Act 2025-367. The bill establishes the crime of aggravated theft of employee retirement benefits and outlines the associated penalties for violations.

Purpose and Intent

The primary aim of SB 244 is to protect employee retirement benefits from theft and embezzlement. By creating a specific criminal offense for the theft of retirement benefits, the legislation seeks to deter such crimes and ensure accountability for individuals who unlawfully take funds intended for employee retirement plans.

Key Provisions

  • Definition of Crime:

    • A person commits aggravated theft of employee retirement benefits if they embezzle, steal, or unlawfully convert any funds or assets due to be paid as contributions to employee retirement benefit plans.
    • Employee retirement benefit plans include those under the Retirement Systems of Alabama, such as the Teachers' Retirement System and the Employees' Retirement System.

  • Affirmative Defense:

    • An individual may defend against prosecution if they acted in good faith reliance on the direction of another person in a position of authority.

  • Statute of Limitations:

    • The limitations period for prosecution begins upon the discovery of the deceptive act and must be initiated within six years.

  • Classification and Penalties:

    • Aggravated theft of employee retirement benefits is classified as a Class C felony.
    • The maximum probation period for a conviction is set at 10 years unless otherwise specified by law.
    • Convictions will be treated as Class A or Class B felonies for certain legal purposes.

Impact

  • Affected Parties:

    • The bill primarily affects individuals who manage or have access to employee retirement benefit plans, as well as employees whose benefits are at risk of theft.

  • Financial Implications:

    • The enactment of SB 244 is expected to increase receipts to the State General Fund from fines and court costs. It may also lead to increased obligations for state agencies involved in prosecution and correctional services, although the exact financial impact remains undetermined.

Procedural Timeline

  • Enactment Date: The bill was enacted on May 14, 2025.
  • Effective Date: The provisions of the act will take effect on October 1, 2025.
  • Legislative Journey:
    • The bill passed through various stages in both the Senate and House, including committee reviews and amendments, before being signed into law.

Conclusion

Senate Bill 244 represents a significant step in safeguarding employee retirement benefits by criminalizing their theft. With clear definitions, defenses, and penalties, the legislation aims to enhance the integrity of retirement systems and protect the financial security of employees in Alabama.

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

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