Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
SB1901 by Van de Putte (Relating to the creation of the offense of organized retail theft.), As Engrossed
The bill would amend the Penal Code by creating the offense of organized retail theft. A person would commit the offense if the person intentionally conducts, promotes, or facilitates an activity in which a person receives, possess, conceals, stores, barters, sells, or disposes of a total value of not less than $1,500 in stolen retail merchandise. Punishment for organized retail theft would range from a State Jail Felony ($1,500 or more but less than $20,000) to a first degree felony ($200,000 or more) and would depend on the total value of the merchandise involved. Under the provision of this bill punishment would be increased to the next highest category if it is shown the person organized, supervised, financed, or managed one or persons engaged in organized retail theft.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
A felony of the first degree is punishable by imprisonment in the institutional division for any term of not more than 99 years or less than 5 years, or, in addition to confinement, a fine not to exceed $10,000.
The impact of the bill on correctional populations would depend on how many persons would be prosecuted under the provision of the bill, and the extent to which punishment would be enhanced under the proposed statute compared to existing statute. For this analysis it is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.