The bill amends the Organized Retail Crime Act by updating the definition of organized retail crime and expanding the list of actions that constitute such a 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 fraudulent activities related to retail merchandise, including tampering with gift cards. New provisions include specific actions related to gift cards, such as acquiring possession or altering gift card information with the intent to defraud.
Additionally, the bill establishes penalties for organized retail crime, classifying it as a felony punishable by up to five years in prison or a fine of $5,000. It also outlines the process for forfeiture of stolen merchandise when the true owner cannot be identified and mandates restitution to victims and reimbursement to governmental entities for expenses incurred due to the crime. The bill clarifies that it is not a defense if the property was not stolen at the time of the violation, provided it was represented as stolen. The amendments will take effect 90 days after the bill is enacted into law.
Statutes affected: House Introduced Bill: 752.1084
As Passed by the House: 752.1084