The bill would remove the minimum threshold value for a charge of organized retail theft of $1,500. Under the provisions of the bill, organized retail theft would be punishable as a Class B Misdemeanor if the total value of the merchandise involved is less than $500, and would be punishable as a Class A Misdemeanor if the total value of the merchandise involved is $500 or more but less than $1,500; punishment would be increased to the next higher category of offense for persons that organize, supervise, finance, or manage one or more other persons engaged in the activity. Under current statute, punishment for organized retail theft ranges from a state jail felony (value of merchandise is $1,500 or more but less than $20,000) to a first degree felony ($200,000 or more) and depends on the total value of the merchandise involved. The bill would also amend the Penal Code as it relates to organized retail theft or theft punishable as a Class C or B Misdemeanor, by enhancing the punishment to the next highest category of offense if it is shown at trial the defendant caused a fire exit alarm to sound or become activated, deactivated or prevented a fire exit alarm from sounding, or used a shielding or deactivation instrument to prevent or attempt to prevent detection by a retail theft detector.

A Class C Misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition; no confinement). A Class B Misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000. A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000.

Expanding the list of behaviors for which a penalty is applied for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jail, state jail or prison. However, in the case of this bill, it is assumed 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. It is expected that individuals who would be affected under the provisions of this bill are currently being sentenced for other offenses.