The proposed bill seeks to enhance public safety by establishing the crime of organized retail theft and revising existing laws related to theft and burglary. It introduces new definitions and penalties for organized retail theft, which involves stealing or fraudulently obtaining retail merchandise with the intent to resell or return it for value. The bill sets specific sentencing guidelines based on the value of the stolen merchandise, with penalties ranging from imprisonment for up to 15 years and fines of up to $35,000 for high-value thefts, while allowing for lesser penalties for lower-value thefts. Additionally, it permits the aggregation of stolen merchandise value over a six-month period for prosecution purposes.
The bill also amends existing statutes to allow financial institutions to disclose limited account information to law enforcement during investigations of identity theft and organized retail theft, provided they receive proper certification of an ongoing investigation. It revises the definition of burglary in the fourth degree to include specific circumstances, such as entering a public building with the intent to steal or after being instructed to leave, while maintaining consistent penalties. Furthermore, the bill modifies the execution and return of search warrants for financial records, establishing a validity period of 30 days and outlining the process for extending the warrant if necessary. All new provisions and amendments are set to take effect on August 1, 2023, applying to crimes committed on or after that date.
Statutes affected: Introduction: 13A.02, 609.52, 609.527, 609.582, 626.15