Theft Using Emergency Exit to Avoid Apprehension or Detection Act Exposed

The Theft Using Emergency Exit to Avoid Apprehension or Detection Act was adopted by ALEC's Criminal Justice Task Force at the Annual Meeting on August 9, 2002, approved by the full ALEC Board of Directors in September, 2002. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

CMD's Bill Summary

This is part of a set of bills, favored by corporations, designed to increase criminal penalties for retail theft. This bill creates additional penalties when a person uses an emergency exit in the course of committing a theft, which seems to serve few public safety or public interest goals. This would benefit large retailers such as Wal-Mart, which was a member of the ALEC Private Sector board.

ALEC Bill Text

Summary

This act creates additional penalties for someone who commits a theft by use of a designated emergency exit.

Model Bill

Section 1. {Short Title}

This act shall be known as the Theft Using Emergency Exit to Avoid Apprehension or Detection Act.

Section 2. {Definitions}

A. “Theft” For purpose of this act, theft shall be defined as {insert appropriate state statute}.

B. “Theft by Emergency Exit” For purpose of this act, theft by emergency exit shall be defined as committing a theft by using a designated emergency exit to avoid apprehension or detection.

Section 3. {Penalties}

A person who commits theft by emergency exit shall be charged one degree higher than the applicable theft penalty.

Section 4. {Severability clause}

Section 5. {Repealer clause}

Section 6. {Effective Date}

Adopted by ALEC's Criminal Justice Task Force at the Annual Meeting August 9, 2002.

Approved by full ALEC Board of Directors September, 2002.