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GA SB382
Bill
Status
Passed
4/21/2014
Primary Sponsor
Jeff Mullis
Click for details
AI Summary
- Creates the new crime of "refund fraud" (Code Section 16-8-14.1), making it unlawful to use false names, addresses, or fraudulent identification to obtain refunds from stores or retail establishments in the form of cash, check, credit, or gift cards
- Refund fraud involving property valued at $500.00 or less is a misdemeanor; fraud exceeding $500.00 — including aggregated thefts from three stores within 7 days or over a 180-day period — is a felony punishable by 1 to 10 years imprisonment
- Escalating penalties apply for repeat offenders: a second conviction carries a mandatory minimum $500.00 fine; a third conviction is a felony with at least 30 days imprisonment or 120 days in a correctional facility/house arrest; a fourth or subsequent conviction carries 1 to 10 years with the first year not subject to suspension or probation
- Grants magistrate and municipal courts jurisdiction over misdemeanor refund fraud cases and extends existing shoplifting detention/arrest liability protections to store owners and employees who reasonably detain persons suspected of refund fraud
- Increases liquidated exemplary damages a property owner may recover in civil actions for willful damage or theft from $150.00 or twice the loss to $300.00 or triple the loss, whichever is greater, effective July 1, 2014
Legislative Description
Theft; provide for the crime of retail theft; penalties
Last Action
Effective Date
7/1/2014
Full Bill Text
No bill text available