The proposal would define coordinated retail theft and enterprise leadership as specific crimes, with possible prison terms and forfeiture of related property.
The proposal would define organized retail crime to cover coordinated store theft for resale and knowing handling of stolen goods, with thefts countable across 180 days.
The proposal would punish enterprise leaders based on the value of goods obtained over 180 days, allow up to 25 years in prison at the higher threshold, and require property forfeiture.
A person would commit organized retail crime by working with at least one other person to steal store goods for resale or by knowingly handling such goods. The rule would cover theft from one or more stores and people who receive, possess, or resell goods they know or believe were stolen. The theft must involve an intent to resell, redistribute, or put the goods back into commerce. The value of thefts may be combined over 180 days. A prosecution could take place in any county where part of the enterprise activity occurred. The provisions would take effect 60 days after passage.
A person would face a separate leader offense for knowingly organizing, directing, financing, managing, supervising, controlling, or conspiring to control an organized retail crime enterprise while gaining money from it. An enterprise would mean at least two people working together to commit organized retail crime; a leader could be convicted without personally taking part in the thefts. The enterprise would need to obtain at least $2,500 in retail goods during 180 days for the specified class A felony offense. At $10,000 or more, the class A felony could carry up to 25 years in prison. Courts would order property used in or gained from the enterprise forfeited, and the property could help pay restitution to victims. The proposed offense would not block prosecution under other applicable criminal laws. The provisions would take effect 60 days after passage and would apply to enterprise activity covered by the 180-day measurement period.
No hearings or votes scheduled.