House of Representatives

HB 2472

retail theft; omnibus

Sponsors: Verkamp, Binder:  Carruthers, May, Wettaw

 

DPA

Committee on Judiciary

DP

Committee on Commerce

DPA

Caucus and COW

 

X

As Passed the House

 

HB2472 provides enhanced penalties for various specified conduct committed the shoplifting of goods.  It creates new crimes relating to shoplifting.  Furthermore, the bill requires retailers and merchants to keep records of their transactions.

 

History

 

“Shoplifting” is when a person knowingly obtains goods of another with intent to deprive him of such goods.  The penalty ranges from a Class 1 misdemeanor (6 months/$2,500) to a Class 4 felony (2.5 years/$150,000) depending on the value of the goods shoplifted and whether the person who shoplifted used any kind of device to facilitate the theft. 

 

Provisions

·                      Increases the civil penalty for shoplifting from $100 to $250.

 

·                      Establishes a Class 5 felony (1.5 years/$150,000) for shoplifting during a “continuing criminal episode” regardless of the value of the goods shoplifted when a person shoplifts from at least 3 stores within a 3 day period.

 

·                      Establishes new crimes relating to the possession or use of a shielding device or tool to remove alarm sensors or to shield shoplifted goods from detection.  Such crimes are Class 6 felonies (1 year/$150,000).

·                      Prohibits the knowing manufacture or sale of a coated bag that is intended to shield merchandise from detection from an electronic or magnetic alarm sensor.

·                      Prohibits the knowing possession of a coated bag intended to shield merchandise from detection with the intent to commit shoplifting.

·                      Prohibits the knowing possession of any tool or device that is designed to remove any theft detection device with the intent to remove any theft detection device.

·                      Prohibits the intentional, unauthorized removal of a theft device prior to purchase.

 

·                      Mandates a Class 6 felony (1 yr./$150,000) for any person who, with intent to defraud a merchant, reproduces, possesses, or uses a retail sales receipt or a Universal Product Code [UPC] label. 

·                      Increases the penalty to a Class 5 felony (1.5 years/$150,000) if the person possesses either: (1) a device for manufacturing or altering receipts or UPC labels; or (2) at least 15 fraudulent retail sales receipts or UPC labels.

·                      In addition, the person is subject to a fine of three times the amount represented on the receipts or product codes.

 

The Judiciary committee amended HB2472 as follows:

 

·                      Strikes the provision requiring retailers and merchants to maintain all receipts or a sales book for all sales transactions relating to their acquisition of goods to be sold to customers.  Deletes definition of “merchant” and “retailer.”

 

HB2472 passed out of the Commerce committee unamended.

 

The Committee of the Whole adopted the Judiciary Committee amendment.

 

 

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44th Legislature                                                           Analyst Initials _______

Second Regular Session                                                              March 2, 2000

 

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