Bill Summary for H 384 (2017-2018)

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Summary date: 

Mar 15 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 384 (Public) Filed Wednesday, March 15, 2017
AN ACT TO STRENGTHEN THE ORGANIZED RETAIL THEFT LAWS.
Intro. by Fraley, Jordan, Warren, Wray.

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Bill summary

Amends GS 14­72.11 to eliminate the requirement that an exit door bear a notice of the felony offense of larceny from a merchant for theft through that door to count as larceny from a merchant. Further adds exchanging stolen property for something of value, cash, a gift card, or a merchandise card, and returning stolen property and utilizing fictitious identification to prevent the merchant from properly identifying the person seeking to return the property, to the list of circumstances that make larceny the felony of larceny from a merchant.

Amends GS Chapter 14, Article 16A to define organized retail theft enterprise, and to clarify that the Class­H felony of organized retail theft consists of either of the two already­listed actions. Further creates a Class G felony of organized retail theft when a person either (1) conspires with another person to commit retail theft of property from retail establishments, with a value exceeding $20,000 aggregated over a 90­day period, with the intent to sell that retail property for monetary or other gain, and who takes or causes that retail property to be placed in the control of a person in exchange for consideration, or (2) acts as leader of an organized retail theft enterprise if the person conspires with others as an organizer, supervisor, financier, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property stolen from a merchant. Authorizes the prosecution of offenses occurring in different counties to be prosecuted in any county in which one of the violations occurred.

Amends GS 66­387 to amend the definition of  currency converter  to include a person engaged in the business of purchasing gift cards or merchandise cards of any value not issued by the person from the public for cash.

Effective December 1, 2017, and applies to offenses committed on or after that date.