AN ACT TO STRENGTHEN THE ORGANIZED RETAIL THEFT LAWS. Enacted July 21, 2017. Effective December 1, 2017.
Bill Summaries: H 384 INCREASE PENALTIES/ORGANIZED RETAIL THEFT.
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Tracking:
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Bill H 384 (2017-2018)Summary date: Jul 25 2017 - View Summary
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Bill H 384 (2017-2018)Summary date: Jun 14 2017 - View Summary
Senate committee substitute makes the following changes to the 2nd edition.
Modifies the proposed changes to GS 14-72.11 (Larceny from a merchant). Makes technical changes to subdivision (1) and proposed subdivision (5). Deletes proposed subdivision (6), making it a Class H felony for persons who commit larceny against a merchant by exchanging property, knowing or having reasonable grounds to believe the property is stolen, for cash, a gift card, a merchandise card, or some other item of value, and use fictitious identification to prevent the merchant from properly identifying the person seeking to exchange the property.
Modifies and makes clarifying changes to proposed subsection (a1) in GS 14-86.6 (Organized retail theft). Provides that a person is guilty of a Class G felony (1) if the person conspires with another person to commit theft of retail property from one or more retail establishments (previously, from retail establishments) as previously specified or (2) if the person conspires with two or more other persons as an organizer, supervisor, financier, leader, 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 in violation of the statute. Makes technical changes to proposed subsection (c), concerning aggregating thefts occurring in more than one county into an alleged violation of the statute.. Adds that each county where a part of the charged offense occurs has concurrent venue as described in GS 15A-132 (previously, provided that venue for prosecution of a violation is appropriate in any county in which an aggregated theft of retail property occurred).
Further amends GS 66-387(2), adding the term e-buyer and defining the term to mean a currency converter engaged in the business of purchasing gift cards or merchandise cards online. Makes conforming changes to delete the previous revisions of the term currency converter that included 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. Maintains the proposed revision of the term currency converter to include an itinerant merchant as defined in GS 66-250(1) engaged in the business of purchasing goods from the public for cash. Also maintains the proposed revisions to the persons excluded from the term.
Retitles GS 66-392, Record-keeping requirements for currency converters and e-buyers. Adds new subsection (d), requiring an e-buyer to record specified information, which must be typed or written in ink and in English. Provides that an e-buyer must make the records available electronically by a secure connection upon a reasonable request to the law enforcement official described in existing subsection (b), but no more frequently than on a monthly basis, unless subject to an active investigation by law enforcement. Provides that if the request for information is related to an active investigation, an e-buyer must make the record available as specified within one business day of the request.
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Bill H 384 (2017-2018)Summary date: Apr 6 2017 - View Summary
House committee substitute makes the following changes to the 1st edition.
Amends GS 14-72.11 to require an offender to know or have reasonable grounds to believe that property is stolen for larceny against a merchant by exchanging that property for some other item of value to be considered a Class H felony. Replaces the current proposed Class H felony for persons who commit larceny against a merchant by returning stolen property while utilizing fictitious identification with a Class H felony for persons who commit larceny against a merchant by exchanging property, knowing or having reasonable grounds to believe the property is stolen, for cash, a gift card, a merchandise card, or some other item of value, and use fictitious identification to prevent the merchant from properly identifying the person seeking to exchange the property.
Amends GS 14-86.6 to add the requirement that a offender be leader of two or more other persons associated for the purpose of engaging in organized retail theft (was, acts of a leader of an organized retail theft enterprise) to be guilty of the proposed Class G felony for acting as a leader of such a group. Deletes the changes to the definition of organized retail theft enterprise in GS 14-86.5. Authorizes the aggregation of thefts occurring in more than one county in alleging a violation of this statute.
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Bill H 384 (2017-2018)Summary date: Mar 15 2017 - View 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.