SB 2265

Present law lists several acts that constitute the offense of organized retail crime , including when a person a cts in concert with one or more individuals to commit theft of merchandise with a value greater than $1,000 , aggregated over a 90 -day period , with the intent to s ell, barter, or trade the merchandise for monetary or other gain , or f raudulently return the merchandise to a retail merchant . This bill removes that the value is aggregated over a ninety-day period, and provides, instead, that the value is aggregated over a 180-day period. This bill also adds the following acts as acts that constitute the offense of organized retail crime:  W hen a person knowingly uses a mask, facial covering, or other concealment of the person's identity to facilitate the commission of organized retail crime.  When a person k nowingly uses a motor vehicle with no license plate; an altered, fake, or concealed license plate; or a temporary license plate to facilitate the commission of organized retail crime. PENALTIES Present law provides that the grading of the penalty for the offense of organized retail crime depends on the value of the merchandise obtained . This bill requires that a sentence imposed must include a mandatory minimum sentence of 30 days incarceration if the defendant used or possessed a firearm, firearm ammunition, a firearm-related device, or an anti-theft device during the commission of the offense. An "a nti-theft device "" is a tool, machine, implement, or other item used to unlawfully deactivate, c ircumvent, interfere with, remove, or otherwise render inoperative a monitor, sensor, camera, or other security device used or designed to prevent or deter the theft of retail merchandise . A ""f irearm-related device "" includes, but is not limited to, a firearm scope, a firearm silencer, and any part or combination of parts designed or intended solely for use in converting a firearm into a machine gun. REGISTRY This bill establishes within the Tennessee bureau of investigation (""TBI"") a registry of persons convicted of a violation of any of the following offenses:  Organized retail crime  Theft of property involving merchandise  Any offense originally charged as a violation of an offense listed above  Conspiracy to commit, attempt to commit, or solicitation to commit an offense listed above This bill requires the registry to be maintained by the TBI based upon information supplied to the bureau by court clerks as outlined below. The registry must be made available for inquiry by law enforcement agencies only. REQUIREMENTS This bill requires all of the following:  T he registry to consist of the person's name, date of birth, offense or offenses requiring the person's inclusion on the registry, conviction date, and county in which the offense occurred. If available after reasonable inquiry, the clerk must provide the TBI with the person's driver license number and issuing state, or any other state or federal identification number, and such other identifying data as the bureau determines is necessary to properly identify the convicted person and exclude innocent persons.  T he court clerks to forward a copy of the judgment and date of birth of all persons who are convicted of a violation of the offenses described above to the TBI. The information must be forwarded to the bureau within 45 days of the date of judgment.  The TBI to remove from the registry the name and other identifying information of persons who are convicted of a violation of the offenses described above 10 years after the date of the most recent conviction.  The TBI to remove from the registry the name and other identifying information of persons who are convicted of a violation of the offenses described above upon receipt of a court order of expunction of the offense or notice of the death of such person. Bureau officials must verify the person's death by checking the social security death index, obtaining a copy of the offender's certificate of death, or obtaining court documentation, a law enforcement report, or any other credible documentation as determined by the bureau."