The Gardendale Police Department played a role in a bill that is working its way through the state legislature this session.

Rep. Allen Treadaway, R-51st, is sponsoring House Bill 75, which will allow police departments to seize certain items bought with stolen money.

Right now, a loophole in state law prevents law enforcement from seizing certain items that were purchased through identity theft or stolen credit cards.

“If you’re caught, you basically get to keep the money you stole,” said Gardendale Police Chief Mike Walker. “This bill is trying to stop it. These are not victimless crimes. The criminals are getting away scot-free and we’re trying to stop it.”

State law already permits police to seize some items from arrests, such as drugs and drug crime-related vehicles and money.

That is not true in some cases however, such as certain incidents when people use stolen information to purchase gift cards, which they in turn use to buy cash cards.

“From there they might purchase automobiles,” Treadaway said. “We can track the money all the way to the purchased item. But in the state of Alabama, we cannot seize those items.”

Two similar bills were being introduced in the House and the Senate. Treadaway said the Senate version is moving a little faster; Senate Bill 332 recently got out of committee and passed in the Senate. It is now being looked at in the House.

Gardendale Police Detective Chris Clark pointed out the problem to Treadaway, who is a lieutenant with the Birmingham Police Department. Clark contacted a district attorney in north Alabama, who helped write the bill.

“If it wasn’t for his push, I don’t think we’d be where we are with it right now, with a Senate and House version,” Treadaway said. “It just made good sense. Why would we want any criminal to obtain ill-gotten gains from his criminal activity? We need to close the loophole and seize these items.”

Clark said people have actually crossed state lines to commit such crimes in Alabama so they will be able to keep their stolen goods if they are caught.  

“They know Alabama is behind when it comes to this,” Clark said. “When they get caught, the penalties are not going to hit them like they would in Florida or Georgia. They never lose their profits.”

That, he said, coupled with the Alabama prison system being overcrowded, means many convicted criminals get probation rather than going to prison.

“You might get caught after two or three years, but it’s the cost of doing business,” Clark said. “You get probation, and then you get to keep what you stole. This law will hopefully help offset that. It will be another tool for law enforcement to battle it.”