HB39 Summary

• Amends Alabama Code Section 13A-7-6 to expand the definition of burglary in the second degree to include unlawful entry into a livable dwelling-house, whether occupied or unoccupied.

• Establishes an alternative charge pathway for second-degree burglary when a person unlawfully enters a habitable dwelling-house with intent to commit theft or a felony, without requiring the aggravating circumstances listed in subsection (a) (explosives, physical injury, or deadly weapons).

• Removes the requirement that a dwelling-house be "lawfully occupied" for burglary charges to apply, extending protection to unoccupied residential properties.

• Maintains burglary in the second degree as a Class B felony under both the original and alternative offense definitions.

• Becomes effective on the first day of the third month following passage and gubernatorial approval.