House Bill No. 5563 proposes comprehensive amendments to the laws governing organized retail theft and larceny in the state. The bill introduces a new definition of "retail property" and establishes the offense of organized retail theft for individuals who, in collaboration with others, commit larceny by shoplifting retail property valued over $2,000 within a 365-day period. It also defines "retail property fence" as individuals who knowingly purchase stolen retail property for unlawful distribution. The penalties for organized retail theft are categorized as class D felonies, escalating to class C felonies if the financial benefit exceeds $10,000. Additionally, the bill modernizes legal language by replacing gender-specific pronouns with gender-neutral terms throughout various sections of the law, promoting inclusivity.
Moreover, the bill expands the definition of larceny to include new offenses such as "fostering the sale of stolen property" and "gift card crimes," which involve fraudulent activities related to gift cards. It increases the maximum civil liability for punitive damages related to shoplifting from $300 to $1,000 and removes the court's ability to award damages to defendants if the plaintiff loses, while still allowing for costs and reasonable attorney's fees. The bill also broadens the Department of Public Health's authority to share information regarding acknowledgments of parentage with additional entities. These changes are set to take effect on October 1, 2026, and aim to enhance consumer protection and clarify legal definitions related to theft and fraud.
Statutes affected: Raised Bill: 53-142k, 52-564a
JUD Joint Favorable: 53-142k, 52-564a
File No. 527: 53-142k, 52-564a