Bill Summary – FastDemocracy

H.B. 1005
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                          May 19, 2022
                                     SESSION 2021                                    HOUSE PRINCIPAL CLERK
     H                                                                                             D
                                   HOUSE BILL DRH30516-SA-18
     Short Title:   Organized Retail Theft.                                                   (Public)
     Sponsors:      Representative Boles.
     Referred to:
                                   A BILL TO BE ENTITLED
 AN ACT TO AMEND THE ORGANIZED RETAIL THEFT STATUTES, AS
     RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON
     JUSTICE AND PUBLIC SAFETY.
 The General Assembly of North Carolina enacts:
            SECTION 1. G.S. 14-86.6 reads as rewritten:
 "§ 14-86.6. Organized retail theft.
     (a)    A person is guilty of a Class H felony if the person does either of the following:
            (1)    Conspires with another person to commit theft of retail property from retail
                   establishments, with a value exceeding one thousand five hundred dollars
                   ($1,500) aggregated over a 90-day period, with the intent to sell that retail
                   property for monetary or other gain, and who takes or causes that retail
                   property to be placed in the control of a retail property fence or other person
                   in exchange for consideration.
            (2)    Receives or possesses any retail property that has been taken or stolen in
                   violation of subdivision (1) of this subsection while knowing or having
                   reasonable grounds to believe the property is stolen.
     (a1) A person is guilty of a Class G felony if the person does either of the following:
            (1)    Conspires with another person to commit theft of retail property from one or
                   more retail establishments, with a value exceeding twenty thousand dollars
                   ($20,000) aggregated over a 90-day period, with the intent to sell that retail
                   property for monetary or other gain, and who takes or causes that retail
                   property to be placed in the control of a retail property fence or other person
                   in exchange for consideration.
            (2)    Conspires with two or more other persons as an organizer, supervisor,
                   financier, leader, or manager to engage for profit in a scheme or course of
                   conduct to effectuate the transfer or sale of property stolen from a merchant
                   in violation of this section.
     (a2) A person is guilty of a Class F felony if the person does either of the following:
            (1)    Conspires with another person to commit theft of retail property from one or
                   more retail establishments, with a value exceeding fifty thousand dollars
                   ($50,000) aggregated over a 90-day period, with the intent to sell that retail
                   property for monetary or other gain, and who takes or causes that retail
                   property to be placed in the control of a retail property fence or other person
                   in exchange for consideration.
                                   *DRH30516-SA-18*
     General Assembly Of North Carolina                                                    Session 2021
            (2)      Conspires with two or more other persons as an organizer, supervisor,
                     financier, leader, or manager to engage for profit in a scheme or course of
                     conduct to effectuate the transfer or sale of property stolen from a merchant
                     in violation of this section.
     (a3) A person is guilty of a Class C felony if the person does either of the following:
              (1)    Conspires with another person to commit theft of retail property from one or
                     more retail establishments, with a value exceeding one hundred thousand
                     dollars ($100,000) aggregated over a 90-day period, with the intent to sell that
                     retail property for monetary or other gain, and who takes or causes that retail
                     property to be placed in the control of a retail property fence or other person
                     in exchange for consideration.
              (2)    Conspires with two or more other persons as an organizer, supervisor,
                     financier, leader, or manager to engage for profit in a scheme or course of
                     conduct to effectuate the transfer or sale of property stolen from a merchant
                     in violation of this section.
     (a4) A person is guilty of a Class G felony if the person conspires with another person to
 commit theft of retail property from a retail establishment, with a value exceeding one thousand
 dollars ($1,000) and damages, destroys, or defaces real or personal property in excess of one
 thousand dollars ($1,000).
     (a5) A person is guilty of a Class G felony if the person conspires with another person to
 commit theft of retail property from a retail establishment, with a value exceeding one thousand
 dollars ($1,000) and commits an act of assault and battery against an employee or independent
 contractor of the retail establishment or a law enforcement officer in the commission of the theft
 of retail property.
     (b)      Any interest a person has acquired or maintained in violation of this section shall be
 subject to forfeiture pursuant to the procedures for forfeiture set out in G.S. 18B-504.
     (c)      Thefts of retail property occurring in more than one county may be aggregated into
 an alleged violation of this section. Each county where a part of the charged offense occurs has
 concurrent venue as described in G.S. 15A-132."
              SECTION 2. G.S. 14-86.1(a) reads as rewritten:
     "(a) All conveyances, including vehicles, watercraft or aircraft, used to unlawfully
 conceal, convey or transport property in violation of G.S. 14-71, 14-71.1, or 14-71.2 or 14-71.2,
 used by any person in the commission of armed or common-law robbery, or used in violation of
 G.S. 14-72.7, or used by any person in the commission of any larceny when the value of the
 property taken is more than two thousand dollars ($2,000) ($2,000), or used by any person in the
 commission of organized retail theft in violation of G.S. 14-86.6 shall be subject to forfeiture as
 provided herein, except that:
              (1)    No conveyance used by any person as a common carrier in the transaction of
                     the business of the common carrier shall be forfeited under the provisions of
                     this section unless it shall appear that the owner or other person in custody or
                     control of such conveyance was a consenting party or privy to a violation that
                     may subject the conveyance to forfeiture under this section;
              (2)    No conveyance shall be forfeited under the provisions of this section by reason
                     of any act or omission committed or omitted while such conveyance was
                     unlawfully in the possession of a person other than the owner in violation of
                     the criminal laws of the United States, or any state;
              (3)    No conveyance shall be forfeited pursuant to this section unless the violation
                     involved is a felony;
              (4)    A forfeiture of a conveyance encumbered by a bona fide security interest is
                     subject to the interest of the secured party who neither had knowledge of nor
                     consented to the act or omission;
     Page 2                                                                          DRH30516-SA-18
     General Assembly Of North Carolina                                                  Session 2021
            (5)     No conveyance shall be forfeited under the provisions of this section unless
                    the owner knew or had reason to believe the vehicle was being used in the
                    commission of any violation that may subject the conveyance to forfeiture
                    under this section;
            (6)     The trial judge in the criminal proceeding which may subject the conveyance
                    to forfeiture may order the seized conveyance returned to the owner if he finds
                    forfeiture inappropriate. If the conveyance is not returned to the owner the
                    procedures provided in subsection (e) shall apply.
     As used in this section concerning a violation of G.S. 14-72.7, the term "conveyance"
 includes any "instrumentality" as defined in that section."
            SECTION 3. This act becomes effective December 1, 2022, and applies to offenses
 committed on or after that date.
     DRH30516-SA-18                                                                             Page 3
Statutes affected: 
Filed: 14-86.6, 14-86.1
Edition 1: 14-86.6, 14-86.1
Edition 2: 14-86.6, 14-86.1, 15-11.1, 1-538.2
Edition 3: 14-86.6, 14-86.1, 15-11.1, 1-538.2