SB 48 Summary

• Establishes the crime of theft by shoplifting with specific criminal penalties based on merchandise value, including concealing merchandise, altering price tags, transferring merchandise between containers, tampering with sales recording devices, failing to scan items at self-checkout, and disabling security devices.

• Creates four degrees of theft by shoplifting: first degree (exceeding $2,500) as a Class B felony; second degree ($1,500-$2,500 or any firearm/rifle/shotgun under $2,500) as a Class C felony; third degree ($500-$1,500) as a Class D felony; and fourth degree (under $500) as a Class A misdemeanor.

• Establishes prima facie evidence standards: violation of theft by shoplifting provisions creates presumption of intent to deprive merchant of merchandise value, and unaltered price tags or photographs are presumptive evidence of merchandise value and ownership.

• Defines key terms including "conceal" (placing merchandise not visible through ordinary observation), "merchandise" (tangible personal property in retail establishments), and "premises of a retail establishment" (including common areas and designated parking).

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