HB2472 - 442R - House Bill Summary

House of Representatives

HB 2472

retail theft; omnibus

Sponsors: Verkamp, Binder: Carruthers, May, Wettaw

DPA	Committee on Judiciary
DP	Committee on Commerce
	Caucus and COW
	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 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.

· Defines “merchant” as a person who offers for sale at least 6 like items of new and unused personal property.

· 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.

· Requires all merchants and retailers to maintain all receipts or a sales book for all sales transactions for at least 1 year relating to their acquisition of goods to be sold to customers. Prohibits the falsifying of record and requires the merchant or retailer to make the records available to a law enforcement officer. Establishes a Class 1 misdemeanor (6 months/$2,500) for failure to comply with these requirements.

· Exempts from the requirement of keeping records of sales transaction: (1) the sale of motor vehicles or trailers; (2) business conducted at a trade show; (3) arts and crafts sales by the artist; and (4) displays of samples, catalogs or brochures for future delivery.

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.

HB2472 passed out of the Commerce committee unamended.

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44th Legislature Analyst Initials _______