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IN HB1249

Bill

Status

Introduced

1/11/2018

Primary Sponsor

Sharon Negele

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Creates new crime of "organized retail theft" as a Level 6 felony for taking retail merchandise without consent and with intent to sell, deliver, or distribute to another person.

  • Elevates offense to Level 5 felony if property value is $750-$2,500, property is a firearm, or person has prior conviction for organized retail theft, theft, or conversion; elevates to Level 4 felony if property value is $2,500 or more.

  • Allows seizure and forfeiture of stolen property with retail or repurchase value of at least $100 used in organized retail theft.

  • Permits victims to recover treble (three times) damages in civil actions and establishes irrebuttable presumption of minimum $100 pecuniary loss for retailers.

  • Adds organized retail theft to list of crimes considered racketeering activity under racketeer influenced and corrupt organizations law; effective July 1, 2018.

Legislative Description

Organized retail theft. Makes it organized retail theft, a Level 6 felony, for a person to knowingly: (1) take, procure, receive, conceal, or otherwise exercise control over merchandise of a retail merchant; or (2) use an artifice, an instrument, a container, a device, or another article to facilitate taking, procuring, receiving, concealing, or exercising control over merchandise of a retail merchant; without the consent of the retail merchant or without paying the appropriate consideration for the merchandise, and with the intent to sell, deliver, or distribute the merchandise to another person. Makes organized retail theft, in certain circumstances, a Level

Last Action

First reading: referred to Committee on Courts and Criminal Code

1/11/2018

Committee Referrals

Courts and Criminal Code1/11/2018

Full Bill Text

No bill text available