Bill Summary for H 384 (2017-2018)

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Summary date: 

Jun 14 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

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.