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HB482 INTRODUCED
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HB482
HGHCB88-1
By Representatives Wadsworth, Whorton
RFD: Economic Development and Tourism
First Read: 19-Feb-26
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HGHCB88-1 09/24/2025 CMH (L)bm 2025-2418
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First Read: 19-Feb-26
SYNOPSIS:
Under existing law, all secondary metals
recyclers are required to maintain a record of all
purchase transactions of ferrous and nonferrous metals
to which the recycler is a party, and must report the
information to the Alabama Criminal Justice Information
Center into a database on the day of a purchase
transaction.
Also under existing law, it is unlawful for a
person to damage or destroy certain enumerated types of
property commonly subject to recycling by secondary
metals recyclers. It is also unlawful to possess or
control the property if the property has been stolen.
This bill would provide certain minimum periods
of incarceration for violations and would also add
certain types of copper wire within the list of
protected property.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Sections
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Relating to crimes and offenses; to amend Sections
13A-8-36, 13A-8-37, 13A-8-37.1, and 13A-8-37.4, Code of
Alabama 1975, to further provide for thefts involving
secondary metals; to provide additional requirements of
persons engaged in the sale and recycling of certain secondary
metals; to provide certain requirements for the recycling of
certain types of copper; and to further provide for certain
penalties for violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-8-36, 13A-8-37, 13A-8-37.1, and
13A-8-37.4, Code of Alabama 1975, are amended to read as
follows:
"§13A-8-36
(a) It is unlawful for a person with the intent to
damage property and having no right to do so , or any
reasonable ground to believe that he or she has such a right,
to damage damages or destroys destroy any of the following:
(1) Telecommunications, cable communications, or an
electric power transmission pedestal or pole owned or operated
by a telecommunications, cable, or electric power company or
cooperative, oran electric power supplier, or a railroad.
(2) Telecommunications, cable communications, or
electric power grounding or any other equipment or materials
used in the delivery of electricity, wire, fiber insulator,
power supply transformer, ground wire, or other apparatus,
equipment, or fixture used in the transmission of
telecommunications, cable communications, or electric power
owned or operated by a telecommunications, cable, or electric
power company or cooperative, oran electric power supplier, or
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HB482 INTRODUCED
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power company or cooperative, oran electric power supplier, or
a railroad.
(3) Equipment used in the transmission of wireless
communications or related to wireless communications.
(4) Equipment used at any facility of over the
airover-the-air broadcast companies.
(5) Railroad materials and lading, including, but not
limited to, any rail telecommunications; cable communications;
power and signal equipment and wires; road/rail crossing
signals, equipment, and wires; metal property lading being
transported by a railroad; and any railroad track and other
operating materials, including switch component, spike, angle
bar, tie plate , or bolt of the type used in constructing
railroads.
(6) Electric Any electric power line, gas line, water
line, wire or fiber insulators, electric motors or other
apparatus, heating and cooling systems, and environmental
control systems that are connected to farm shops, on-farm
grain drying and storage complexes, animal production
facilities, irrigation systems, greenhouse facilities, or
other agricultural, forestry, or food-related activities,
equipment, structures, systems, or vehicles.
(7) Any electric power line, gas line, water line, wire
or fiber insulators, fencing, gates, security structures,
electric motors or other apparatus, metering instruments,
communications antenna, environmental control systems, and
processing plants that are connected to oil, natural gas,
coalbed methane, shale gas, or other petroleum producing
properties, equipment, structures, systems, or vehicles.
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properties, equipment, structures, systems, or vehicles.
(8) Any metal property from a school, place of worship,
or a secondary metals recycler's premises.
(9) A copper, aluminum, or aluminum-copper condensing
or evaporating coil, including its tubing or rods, from a
heating or air conditioning unit, excluding scrap from window
air conditioning units and automobile condenser coils, unless
any one either of the following criteria are satisfied:
a. The condenser coils are being sold by a licensed
contractor, HVAC contractor, plumber, or electrician and a
current and valid license with number is provided at the time
of sale and copied or scanned by the secondary metals recycler
at the time of sale.
b. The condenser coils are being sold by a person with
verifiable documentation, such as a receipt or work order,
indicating that the condenser coils are the result of a
replacement of an air conditioner unit or condenser coils
performed by a licensed contractor.
(10) Utility access covers, manhole covers, or storm
drain covers, unless the seller is a company that deals in the
manufacture or sale of the aforementioned products.
(11) Grave markers, vases, memorials, statues, plaques,
or other bronze objects used at a cemetery or other location
where deceased persons individuals are interred or
memorialized , or any other metal historic markers or monuments
or the attached support or post to either, unless the seller
is a company that deals in the manufacture or sale of the
aforementioned products.
(12) Copper wire removed from any building, utility, or
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(12) Copper wire removed from any building, utility, or
other structure.
(b)(1) Any Except as provided in subdivision (2), any
person in violation of this section shall be guilty of a Class
C felony and shall be sentenced to a term of imprisonment of
not less than two years .
(c)(2) Any person in violation of this section shall be
guilty of a Class B felony and shall be sentenced to a term of
imprisonment of not less than three years if the damage or
destruction causes imminent danger to the health and safety of
the public, a metal owner's employees, first responders, law
enforcement officers, or utility workers, or cause an
interruption in communications services or electric utility
services. For purposes of this subsection subdivision ,
"imminent danger" means the existence of any condition that
could hinder or disrupt the normal operation of equipment,
systems, or services provided for the health and safety of the
public, metal owner's employees, first responders, law
enforcement officers, or utility workers , or cause an
interruption in communications services or electric utility
services.
(3) Notwithstanding any provision of law to the
contrary, any term of imprisonment imposed pursuant to this
section shall run consecutive with any other term of
imprisonment for any other offense and shall not be eligible
for any of the following:
a. Probation.
b. Community corrections.
c. Any split or suspended sentence provision pursuant
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c. Any split or suspended sentence provision pursuant
to Section 15-18-8.
d. Any type of early release program, work release
program, good time, or any other program which would change
the overall time or location of incarceration.
e. Any sentencing schedule or worksheet adopted,
created, or otherwise released by the Alabama Sentencing
Commission.
(d)(c) At the time of sentencing of any person
convicted under this section, the judge may order restitution
in an amount determined by the court; provided, however, the
amount shall not be less than the value of the metal property
determined to have been damaged or stolen and shall include
the cost of replacement and the cost to repair any and all
damage caused during the commission of the crime for which the
person is convicted."
"§13A-8-37
(a) It is unlawful for a person to possess or control
the following property knowing that itthe property has been
stolen or having reasonable grounds to believe itthe property
has been stolen, unless the property is possessed or
controlled with intent to restore it to the owner:
(1) Metal property marked with the initials of an
electrical company, a telephone company, a cable company,
another public utility, a railroad, or a brewer.
(2) Utility access covers, manhole covers, or storm
drain covers, unless the seller is a company that deals in the
manufacture or sale of the aforementioned products.
(3) Street light poles andor fixtures, unless the
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(3) Street light poles andor fixtures, unless the
seller is a company that deals in the manufacture or sale of
the aforementioned such products.
(4) Road and bridge guard rails unless the seller is a
company that deals in the manufacture or sale of the
aforementioned such products.
(5) Highway or street signs, traffic light signals,
andor traffic directional and control signs unless the seller
is a company that deals in the manufacture or sale of the
aforementioned such products.
(6) Water meter covers unless the seller is a company
that deals in the manufacture or sale of the
aforementioned such products.
(7) Metal beer kegs including those made of stainless
steel that are clearly marked as being the property of a beer
manufacturer unless the seller is a company that deals in the
manufacture or sale of the aforementioned such products.
(8) Metal property marked with the name of a government
entity.
(9) Unused and undamaged building construction or
utility materials consisting of copper, pipe, tubing or
wiring, aluminum wire, or historical markers.
(10) Grave markers, vases, memorials, statues, plaques,
or other bronze objects used at a cemetery or other location
where deceased persons individuals are interred or
memorialized, unless the seller is a company that deals in the
manufacture or sale of the aforementioned such products.
(11) A copper, aluminum, or aluminum-copper condensing
or evaporating coil, including its tubing or rods, from a
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or evaporating coil, including its tubing or rods, from a
heating or air conditioning unit, excluding scrap from window
air conditioning units and automobile condenser coils, unless
any one of the following criteria are satisfied:
a. The condenser coils are being sold by a licensed
contractor, HVAC contractor, plumber, or electrician and a
current and valid license with number is provided at the time
of sale and copied or scanned by the secondary metals recycler
at the time of sale.
b. The condenser coils are being sold by a person with
verifiable documentation, such as a receipt or work order,
indicating that the condenser coils are the result of a
replacement of an air conditioner unit or condenser coils
performed by a licensed contractor.
(12) Copper wire removed from a building, utility, or
other structure.
(b) Any person who violates the requirements of A
violation of subdivision (a)(2) or (a)(10) shall be guilty of
a punished as follows:
(1) On a first violation in a 10-year period, the
person shall be guilty of a Class C felony for a first
offense, and shall be sentenced to a term of imprisonment of
not less than two years.
(2) On a second violation in a 10-year period, the
person shall be guilty of a Class B felony for a second
offense, and and shall be sentenced to a term of imprisonment
of not less than five years.
(3) On a third or subsequent violation in a 10-year
period, the person shall be guilty of a Class A felony for a
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period, the person shall be guilty of a Class A felony for a
third or subsequent offense within a 10-year period and shall
be sentenced to a term of imprisonment of not less than 10
years.
(c) Any person who violates the requirements of A
violation of subdivisions subdivision (a)(1), (a)(3), (a)(4),
(a)(5), (a)(6), (a)(7), (a)(8), or (a)(9), (a)(11), or (a)(12)
of subsection (a) shall be punished as follows:
(1) On a first violation in a 10-year period, the
person shall be guilty of a Class B misdemeanor for a first
offense, .
(2) On a second violation in a 10-year period, the
person shall be guilty of a Class A misdemeanor for a second
offense, and and shall be sentenced to a term of imprisonment
of not less than six months.
(3) On a third or subsequent violation in a 10-year
period, the person shall be guilty of a Class C felony for a
third or subsequent offense within a 10-year period and shall
be sentenced to a term of imprisonment of not less than two
years.
(d) Notwithstanding any provision of law to the
contrary, any term of imprisonment imposed pursuant to this
section shall run consecutive with any other term of
imprisonment for any other offense and shall not be eligible
for any of the following:
(1) Probation.
(2) Community corrections.
(3) Any split or suspended sentence provision pursuant
to Section 15-18-8.
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to Section 15-18-8.
(4) Any type of early release program, work release
program, good time, or any other program which would change
the overall time or location of incarceration.
(5) Any sentencing schedule or worksheet adopted,
created, or otherwise released by the Alabama Sentencing
Commission. "
"§13A-8-37.1
(a) It is unlawful for a secondary metals recycler to
purchase the following property unless a copy of verifiable
documentation in addition to the signed statement required by
subdivision (a)(6) of Section 13A-8-31 (a)(6) is provided to
the secondary metals recycler that the seller is the owner of
the property:
(1) Catalytic converters that are not part of an entire
motor vehicle.
(2) Metal property of a telephone company, an electric
company, a cable company, a water company, another utility, or
a railroad marked or otherwise identified as such.
(3) Copper wire that has been burned to remove the
insulation, unless verifiable documentation is provided that
the source of the copper wire was in a building destroyed by
fire.
(4) A copper, aluminum, or aluminum-copper condensing
or evaporating coil, including its tubing or rods, from a
heating or air conditioning unit, excluding scrap from window
air conditioning units and automobile condenser coils, unless
any one of the following criteria are satisfied:
a. The condenser coils are being sold by a licensed
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a. The condenser coils are being sold by a licensed
contractor, HVAC contractor, plumber, or electrician and a
current and valid license with number is provided at the time
of sale and copied or scanned by the secondary metals recycler
at the time of sale.
b. The condenser coils are being sold by a person with
verifiable documentation, such as a receipt or work order,
indicating that the condenser coils are the result of a
replacement of an air conditioner unit or condenser coils
performed by a licensed contractor.
(5) Utility access covers, manhole covers, or storm
drain covers, unless the seller is a company that deals in the
manufacture or sale of the aforementioned products.
(6) Grave markers, vases, memorials, statues, plaques,
or other bronze objects used at a cemetery or other location
where deceased persons individuals are interred or memorialized
or any other metal historic markers or monuments or the
attached support or post to either, unless the seller is a
company that deals in the manufacture or sale of the
aforementioned products.
(7) Any metal property that has been brightly painted
or marked to deter theft of the property.
(8) Ventilation fans or similar fans designed to supply
fresh air to workers in confined spaces, such as underground
mines or other similar circumstances.
(9) Copper wire removed from any building, utility, or
other structure.
(b)(1) Any person in violation of this section shall be
guilty of a Class B felony and shall be sentenced to a term of
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guilty of a Class B felony and shall be sentenced to a term of
not less than three years .
(2) Notwithstanding any provision of law to the
contrary, any term of imprisonment imposed pursuant to this
section shall run consecutive with any other term of
imprisonment for any other offense and shall not be eligible
for any of the following:
a. Probation.
b. Community corrections.
c. Any split or suspended sentence provision pursuant
to Section 15-18-8.
d. Any type of early release program, work release
program, good time, or any other program which would change
the overall time or location of incarceration.
e. Any sentencing schedule or worksheet adopted,
created, or otherwise released by the Alabama Sentencing
Commission. "
"§13A-8-37.4
(a) It is unlawful for a possessor or seller of a used,
detached catalytic converter, or any nonferrous part of a
catalytic converter, property described in Section 13A-8-37(a)
to provide any false, fraudulent, altered, or counterfeit
information or documentation as required by Section
13A-8-37.3 this article .
(b) A person who commits a violation of this section is
shall be punished as follows:
(1) On a first violation in a 10-year period, the
person shall be guilty of a Class A misdemeanor and shall be
sentenced to a term of imprisonment of not less than six
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sentenced to a term of imprisonment of not less than six
months .
(2) On a second or subsequent violation within a
10-year period, the person is shall be guilty of a Class C
felony and shall be sentenced to a term of imprisonment of not
less than two years .
(c) Notwithstanding any provision of law to the
contrary, any term of imprisonment imposed pursuant to this
section shall run consecutive with any other term of
imprisonment for any other offense and shall not be eligible
for any of the following:
(1) Probation.
(2) Community corrections.
(3) Any split or suspended sentence provision pursuant
to Section 15-18-8.
(4) Any type of early release program, work release
program, good time, or any other program which would change
the overall time or location of incarceration.
(5) Any sentencing schedule or worksheet adopted,
created, or otherwise released by the Alabama Sentencing
Commission. "
Section 2. This act shall become effective on October
1, 2026.
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