Third Theft Felony Act Exposed

The Third Theft Felony Act was adopted by ALEC's Criminal Justice Task Force at the Annual Meeting on August 3, 2001, approved by the full ALEC Board of Directors in September, 2001. 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itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This Act increases the penalties for a theft for a person who has been previously convicted and sentenced for theft on two or more occasions.

Model Bill

Section 1. {Short Title}

This act may be cited as the Third Theft Felony Act.

Section 2.

A. Any person who has been previously convicted and sentenced on two or more separate occasions of any grade of theft or related type offense, and who is subsequently arrested for a third theft or related type offense over {enter dollar amount, suggested amount is $50.00} in this or another jurisdiction, shall be charged with a {low class felony}.

B. Evidence of prior conviction shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior convictions.

Section 3. {Severability Clause}

Section 4. {Repealer Clause}

Section 5. {Effective Date}

Adopted by ALEC's Criminal Justice Task Force at the Annual Meeting August 3, 2001.

Approved by full ALEC Board of Directors September, 2001.