The bill amends the Organized Retail Crime Act by updating the definitions and penalties associated with organized retail crime. It specifies that a person is guilty of organized retail crime if they knowingly commit the crime, assist others in committing it, or engage in various related activities such as tampering with anti-shoplifting devices, conspiring with others, or possessing stolen merchandise. Notably, the bill introduces new provisions regarding the fraudulent acquisition and use of gift cards, detailing actions that constitute organized retail crime in this context.

Additionally, the bill establishes that organized retail crime is a felony punishable by up to five years in prison or a fine of $5,000, or both. It mandates restitution to victims and outlines the forfeiture process for stolen merchandise when the true owner cannot be identified. The court is given discretion to determine the terms of forfeiture and restitution, and it clarifies that a defense cannot be made based on the property not being stolen if it was represented as such to the accused. The amendments will take effect 90 days after the bill is enacted into law.

Statutes affected:
House Introduced Bill: 752.1084