SB 240

Present law provides that a person commits the offense of organized retail crime when the person (i) a cts in concert with one or more individuals to commit theft of any merchandise with a value greater than $1,000 aggregated over a 90-day period with the intent to sell, barter, or trade the merchandise for monetary or other gain or fraudulently return the merchandise to a retail merchant, or (ii) receives, possesses, sells, or purchases, by physical or electronic means, any merchandise or stored value cards obtained from a fraudulent return with the knowledge that the property was obtained in violation of p resent law provisions of theft. This bill removes the "aggregated over a 90-day period"" language and, instead, provides ""aggregated over a 180-day period"". This bill adds that a person also commits the offense of organized retail crime when the person does any of the following:  Knowingly removes, destroys, deactivates, or evades any component of an anti-shoplifting or inventory control device to prevent the activation of that device or to facilitate the commission of an offense under this bill.  Knowingly activates or interferes with a fire alarm system during the commission of an offense under this bill or to facilitate the commission of an offense under this bill.  Knowingly uses an online marketplace or a social media platform to coordinate a meeting with one or more individuals to sell, barter, or trade stolen merchandise for monetary or other gain.  Knowingly returns stolen merchandise or counterfeit merchandise to a retail merchant.  Receives, purchases, or possesses retail merchandise for the purpose of sale or resale knowing or believing the merchandise to be stolen from a merchant.  Knowingly uses any artifice, instrument, container, device, or other article to facilitate the commission of an offense under this bill.  Knowingly uses a device or apparatus, including, but not limited to, a device or apparatus that can be affixed to point-of-sale terminals, automated teller machines, fuel pumps, and other payment processing devices, unlawfully to capture, record, or transmit the electronic information contained on the magnetic strip or embedded chip of a credit card, debit card, or other payment device with the intent to defraud another.  Knowingly possesses, controls, or has custody of 10 or more fraudulently obtained access devices, including gift cards, with the intent to defraud another. As used in this bill, ""access devices"" means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or other thing of value, whether the device is physical or digital. This bill requires a violation of any of the prohibited conduct described above in present law and this bill to be punished one classification higher than provided under present law, if the defendant engages in the destruction of property or uses a weapon during the commission of the offense. ON MARCH 10, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 207, AS AMENDED. AMENDMENT #1 removes the provision that altered "" aggregated over a 90-day period"" to ""aggregated over a 180-day period"" in r elation to the offense of organized retail crime whe re the person acts in concert with one or more individuals to commit theft of any merchandise with a value greater than $1, 000 aggregated over a 90-day period with the intent to sell, barter, or trade the merchandise for monetary or other gain or fraudulently return the merchandise to a retail merchant ."