Iowa 2023-2024 Regular Session

Iowa House Bill HF2594 Latest Draft

Bill / Enrolled Version Filed 03/25/2024

                            House File 2594 - Enrolled   House File 2594   AN ACT   ESTABLISHING THE CRIMINAL OFFENSE OF ORGANIZED RETAIL   THEFT, PROVIDING PENALTIES, AND INCLUDING EFFECTIVE DATE   PROVISIONS.   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:    Section 1. NEW SECTION   . 714.2B Organized retail theft.    1. As used in this section, unless the context otherwise    requires:    a. Pattern of retail theft means acts committed or    directed by a person on at least two separate occasions in the    preceding six months that would constitute a violation of any    of the following:    (1) Burglary under section 713.1 when the structure is a    retail establishment.      (2) Theft under section 714.1, subsection 1, 3, 4, or 6,    involving retail merchandise.    (3) A violation of section 714.7B concerning theft    detection devices.    (4) Theft of pseudoephedrine, under section 714.7C, from a    retail establishment.    

  House File 2594, p. 2   b. Retail establishment means the building where a    retailer sells retail merchandise.    c. Retail merchandise means all forms of tangible property    held out for sale by a retailer.    d. Retail theft enterprise means a group of two or more    individuals with a shared goal involving the unauthorized    removal of retail merchandise from a retailer. Retail theft    enterprise does not require the membership of the enterprise    to remain the same or that the same individuals participate in    each offense committed by the enterprise.    e. Retailer means a person or entity that sells retail    merchandise.    f. Value means the same as provided in section 714.3.    2. A person commits organized retail theft when all of the    following occur:    a. The person is employed by or associated with a retail    theft enterprise.    b. The person has previously engaged in a pattern of    retail theft and intentionally commits an act or directs    another member of the retail theft enterprise to commit an act    involving retail merchandise that is a violation of section    713.1, section 714.1, subsection 1, 3, 4, or 6, section 714.7B,    or section 714.7C.    c. The person or another member of the retail theft    enterprise sells or intends to sell the stolen retail    merchandise, advertises or displays any item of the stolen    retail merchandise for sale, or returns any item of the stolen    retail merchandise to a retailer for anything of value.    3. A person who commits organized retail theft is guilty of    the following:    a. A class C felony if the value of the property stolen    exceeds five thousand dollars.      b. A class D felony if either of the following    circumstances exists:      (1) The value of the property stolen is more than one    thousand dollars but not more than five thousand dollars.    (2) The value of the property is more than five hundred    dollars but not more than one thousand dollars and the person    has been convicted at least twice before for a violation of     

  House File 2594, p. 3   this section, section 713.1, section 714.1, subsection 1, 3,    4, or 6, section 714.7B, or section 714.7C, or a statute from    another state, the United States, or a foreign jurisdiction, in    conformity with any of those sections, and the person received    a felony or an aggravated misdemeanor sentence for the offense,    and at least two of the prior convictions occurred in the    previous ten years.    c. An aggravated misdemeanor if either of the following    circumstances exist:    (1) The value of the property stolen is more than five    hundred dollars but not more than one thousand dollars.    (2) The value of the property is five hundred dollars    or less and the person commits the offense within ten years    of a previous conviction under this section, section 713.1,    section 714.1, subsection 1, 3, 4, or 6, section 714.7B, or    section 714.7C, or a statute from another state, the United    States, or a foreign jurisdiction, in conformity with any of    those sections, and the person received a felony or aggravated    misdemeanor sentence for the offense.    d. A serious misdemeanor if the value of the property stolen    is five hundred dollars or less.    4. The value of the retail merchandise received by the    defendant in violation of this section within any six-month    period may be aggregated and the defendant charged accordingly    in applying the provisions of this subdivision, provided that    when two or more offenses are committed by the same person in    two or more counties, the accused may be prosecuted in any    county in which one of the offenses was committed for all of    the offenses aggregated under this subdivision.    5. If a violation of this section creates a reasonably    foreseeable risk of bodily harm to another, the penalties    described in subsection 3 are enhanced as follows:      a. If the penalty is a serious misdemeanor or an aggravated    misdemeanor, the offense shall be classified and punished as an    offense one degree higher than the underlying offense.    b. If the penalty is a felony, the offense shall be    classified and punished as an offense one degree higher than    the underlying offense.   

  House File 2594, p. 4   Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate    importance, takes effect upon enactment.    ______________________________   PAT GRASSLEY   Speaker of the House   ______________________________   AMY SINCLAIR   President of the Senate   I hereby certify that this bill originated in the House and   is known as House File 2594, Ninetieth General Assembly.   ______________________________   MEGHAN NELSON   Chief Clerk of the House   Approved _______________, 2024 ______________________________   KIM REYNOLDS   Governor