REVISED

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

 

DPA

As Passed the House

X

As Transmitted to the Governor

 

HB2472 provides enhanced penalties for various specified conduct regarding the shoplifting of goods.  It also creates new crimes relating to shoplifting.

 

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 (up to 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 for adults.  Maintains a civil penalty of $100 for emancipated minors.

 

·                      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.  Defines “continuing criminal episode” as 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.

 

 

 

 

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44th Legislature                                                           Analyst Initials _______

Second Regular Session                                                               May 16, 2000

 

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