HB41 By Representative Hill RFD Judiciary Rd 1 07-FEB-17

SYNOPSIS: Under existing law, the diversion of or unauthorized use of gas, electricity, or water utility services constitutes the crimes of theft of services and tampering with the availability of utility services.

This bill would specify that the unauthorized use of or diversion of sewer services also constitutes theft of services and tampering with availability of utility services.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

To amend Sections 13A-8-10 and 13A-8-23 of the Code of Alabama 1975, to specify that the diversion of or unauthorized use of sewer services constitutes theft of services and tampering with availability of utility services; 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, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 13A-8-10 and 13A-8-23 of the Code of Alabama 1975, are amended to read as follows:

§13A-8-10.

"(a) A person commits the crime of theft of services if:

"(1) He or she intentionally obtains services known by him or her to be available only for compensation by deception, threat, false token or other means to avoid payment for the services; or

"(2) Having control over the disposition of services of others to which he or she is not entitled, he or she knowingly diverts those services to his or her own benefit or to the benefit of another not entitled thereto.

"(b) "Services" includes but is not necessarily limited to labor, professional services, transportation, telephone, water, gas, electric, sewer, or other public services, accommodation in motels, hotels, restaurants or elsewhere, admission to exhibitions, computer services and the supplying of equipment for use.

"(c) Where compensation for services is ordinarily paid immediately upon the rendering of them, as in the case of motels, hotels, restaurants and the like, absconding without payment or bona fide offer to pay is prima facie evidence under subsection (a) that the services were obtained by deception.

"(d) If services are obtained under subdivision (a) (1) from a hotel, motel, inn, restaurant or cafe, no prosecution can be commenced after 120 days from the time of the offense.

§13A-8-23.

"(a) The following terms shall have the meanings ascribed thereto unless the context clearly indicates otherwise:

"(1) OWNER. Includes any part owner, joint owner, tenant-in-common, joint tenant, or tenant by the entirety of the whole or part of any building.

"(2) PERSON. Includes a corporation, firm, company, or association.

"(3) TENANT or OCCUPANT. Shall include any person who occupies the whole or a part of any building whether alone or with others and shall include the owner.

"(4) UTILITY. Any public or private utility authorized to provide electricity, natural gas, or water, or sewer or any combination thereof for sale to consumers in any particular service area.

"(5) UTILITY SERVICES. The products, commodities, and services provided by a utility to its customers.

"(b) It shall be unlawful for a tenant, occupant, or any other person to commit any of the following acts which could, or in fact does, make gas, electricity, or water, or sewer unlawfully available to such tenant, occupant, or person, or to another:

"(1) To connect any tube, pipe, wire, or other instrument with any meter, device, or other instrument used for conducting gas, electricity, or water in such a manner as to permit the use of said the gas, electricity, or water without the same passing through a meter or other instrument recording the usage for billing.

"(2) To alter, injure, turn on, or prevent the action of a meter, valve, stopcock, or other instrument used for measuring quantities of gas, electricity, or water.

"(3) To break, deface, or cause to be broken or defaced any seal, locking device, or other parts that make up a metering device for recording usage of gas, electricity, or water or a security system for the recording device.

"(4) To remove a metering device for measuring quantities of gas, electricity, or water.

"(5) To transfer from one location to another a metering device for measuring utilities of gas, electricity, or water.

"(6) To use a metering device belonging to the utility that has not been assigned to the location and installed by the utility.

"(7) To adjust the indicated consumption, to jam the measuring device, to bypass the meter or measuring device with a jumper so that it does not indicate use or registers incorrectly, or to otherwise obtain quantities of gas, electricity, or water from the utility without the same passing through a metering device for measuring quantities of consumption for billing.

"(8) To fabricate or to use a device to pick or otherwise tamper with the locks used to deter current diversion, meter tampering, and meter thefts.

"(9) To otherwise take any action resulting in the diversion or unauthorized use of gas, electricity, or water.

"(c) Any property on which it is found to have electric, gas, or water utilities tampered with in violation of this section and capable of receiving gas, electricity, or water as a result of the use of any method of diversion prohibited herein shall be prima facie evidence and create against the tenant, occupant, or other person a presumption of intent to tamper or divert in violation of this section.

"(d) Any occupant, tenant, or other person who violates this section, and any person who aids and abets in such prohibited acts, who shall be deemed a principal to such acts, shall be guilty of a Class C felony if the theft amount exceeds five hundred dollars ($500) in value and a Class A misdemeanor if the theft amount is less than or equal to five hundred dollars ($500) in value, as provided by the state criminal code, and upon conviction, be punished as prescribed by law.

"(e) The provisions of this section are supplemental to the provisions of the offense of theft of services as provided in Section 13A-8-10, and shall in no way repeal or modify Section 13A-8-10."

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, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Crimes and Offenses

Criminal Law and Procedure

Utilities

Theft

Code Amended