The bill creates the crime of organized retail theft if a person:
- Acts in concert with one or more persons to steal merchandise from one or more merchants' premises or online marketplaces with the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value;
- Acts in concert with two or more persons to receive, purchase, or possess stolen merchandise, knowing or believing it to have been stolen;
- Acts as an agent of another individual or group of individuals to steal merchandise from one or more merchants' premises or online marketplaces as part of an organized plan to commit theft; or
- Recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts of theft.
Organized retail theft is a class 1 misdemeanor; except that, if a person has been previously convicted of organized retail theft and in a 6 month period commits 3 or more acts of organized retail theft, the value of the theft from those acts can be aggregated and the penalty corresponds to the current theft loss level penalties.
The bill requires secondhand dealers who purchase gift cards to keep a record of those purchases. Failure to record the purchases in an electronic database is a class 3 misdemeanor for a first offense and a class 2 misdemeanor for a second or subsequent offense.
The bill adds a gift card to the definition of a "valuable article", which triggers certain record-keeping requirements.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)