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IN HB1363
Bill
Status
1/14/2015
Primary Sponsor
Gregory Steuerwald
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AI Summary
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Creates new crime of "organized retail theft" as a Level 5 felony for knowingly taking, concealing, or controlling a retail merchant's property without consent or payment, with intent to sell, deliver, or distribute to another person.
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Allows seizure and forfeiture of stolen property with retail or repurchase value of at least $100 that is taken during commission of organized retail theft.
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Establishes irrebuttable presumption that retailers suffering organized retail theft losses recover minimum damages of $100 or actual damages, whichever is greater, and prohibits defendants from obtaining indemnification or insurance for damages.
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Adds organized retail theft to list of crimes considered racketeering activity under Indiana's racketeer influenced and corrupt organizations (RICO) law.
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Effective July 1, 2015.
Legislative Description
Organized retail theft. Makes it organized retail theft, a Level 5 felony, for a person: (1) to knowingly: (A) take, procure, receive, conceal, or otherwise exercise control over the personal property of a retail merchant; or (B) use an artifice, an instrument, a container, a device, or another article to facilitate taking, procuring, receiving, concealing, or exercising control over the personal property of a retail merchant; without the consent of the retail merchant or without paying the appropriate consideration for the personal property; and (2) with the intent to sell, deliver, or distribute the personal property to another person. Allows
Last Action
First Reading: referred to Committee on Courts and Criminal Code
1/14/2015