Iowa House Bill HSB705

Iowa 2023-2024 Regular Session

• Introduced: 2/13/24
• Refer: 2/13/24

Caption

A bill for an act establishing the criminal offense of organized retail theft, providing penalties, and including effective date provisions.(See HF 2594.)

Impact

The bill categorizes penalties for organized retail theft based on the value of stolen goods, establishing different misdemeanor and felony classes that escalate based on previous convictions and the dollar amount involved. For instance, theft exceeding five thousand dollars is treated as a class C felony, while theft at five hundred dollars or less may be a serious misdemeanor. Aggregating charges across incidents in different counties is permitted, allowing greater flexibility in prosecuting repeat offenders and addressing the broader context of retail crime.

Summary

House Study Bill 705 aims to establish the criminal offense of organized retail theft in the state of Iowa. This legislation specifies what constitutes organized retail theft, defining it as the act of a person, associated with a retail theft enterprise, engaging in a pattern of retail theft behavior. The bill indicates that responsible individuals must have previously committed theft at least twice within a six-month timeframe to be charged under this statute, presenting a focused approach to combat organized theft. Retail theft enterprise is noted as a group of two or more individuals that operate with the intent to unlawfully remove merchandise from a retail outlet.

Contention

There are notable concerns surrounding the bill, particularly regarding the definition and implications of 'retail theft enterprise'. Critics argue that vague terms involved in defining associative entities could lead to potential overreach in law enforcement, targeting individuals who may not necessarily be engaged in organized crime but have been part of a group that shoplifted. Additionally, the severity of penalties could deter individuals who commit theft out of desperation rather than malice, raising questions about fairness and justice in the judicial response to retail theft.