Virginia 2023 Regular Session

Virginia House Bill HB1885

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/27/23  
Refer
1/27/23  
Report Pass
1/30/23  
Engrossed
2/2/23  
Refer
2/7/23  
Report Pass
2/15/23  
Report Pass
2/16/23  
Engrossed
2/21/23  
Engrossed
2/22/23  
Engrossed
2/22/23  
Engrossed
2/22/23  
Enrolled
3/7/23  
Chaptered
3/23/23  

Caption

Organized retail theft; establishes as a crime, report, penalty.

Impact

The introduction of HB 1885 and its subsequent passing (with a vote of 52 in favor and 45 against) reflects an effort to intensify the legal response to rising incidents of retail theft, which has become a pressing concern for law enforcement and retailers alike. By establishing a distinct legal classification for organized retail theft, the bill seeks to enhance the tools available to prosecutors, particularly in instances where thefts are executed by groups or organized enterprises. This legislation sets a precedent for treating retail theft, particularly when involving networks and larger sums of money, with more severity than previously defined theft offenses.

Summary

House Bill 1885 addresses the issue of organized retail theft by establishing it as a formal crime within the Virginia legislative framework. The bill amends existing codes to include definitions and penalties related to organized retail theft, which consists of conspiracy to commit simple larceny of retail property. Specifically, the bill stipulates that if individuals engage in a course of conduct that results in the theft of retail property valued over $5,000 within a 90-day period, they could be prosecuted as organized retail theft offenders, facing significant legal consequences.

Sentiment

The general sentiment surrounding HB 1885 has been largely positive among proponents, who view the bill as a necessary step in combatting the escalating problem of retail crime that places a financial strain on businesses and communities. Supporters, including law enforcement agencies, praise the bill for its initiative to protect retail operations and maintain community safety. However, there are underlying concerns regarding the potential for overreach—opponents caution that the definition of organized retail theft could lead to disproportionately severe punishments for individuals involved in misdemeanors rather than organized criminal enterprises.

Contention

Notable points of contention center around the bill's definitions and enforcement mechanisms. Critics argue that the threshold of $5,000 for aggregated theft over 90 days may inadvertently criminalize smaller-scale, non-organized theft incidents, leading to legal consequences that do not fit the intention of the law. Additionally, some stakeholders raise concerns about resource allocation for law enforcement in pursuing these complex cases. Despite the supportive vote in the House, the bill's implications for local jurisprudence and law enforcement strategy are debated among various advocacy groups, indicating that while the intention is to combat crime, the execution and potential ramifications remain points of discussion.

Companion Bills

VA SB1396

Same As Organized retail theft; establishes as a crime, report, penalty.

Previously Filed As

VA SB1396

Organized retail theft; establishes as a crime, report, penalty.

VA HB209

Organized retail theft; repeals crime and Organized Retail Crime Fund.

VA SF893

Crime of organized retail theft establishment

VA HB288

Relating to crimes and offenses; to create the Retail Theft Crime Prevention Act; to provide for the crime of retail theft in various degrees; to provide for the crime of organized retail theft; to provide criminal penalties for a violation;

VA SB206

Relating to crimes and offenses; to create the Retail Theft Crime Prevention Act; to provide for the crime of retail theft in various degrees; to provide for the crime of organized retail theft; to provide criminal penalties for a violation

VA SB970

Cannabis control; establishes framework for creating retail market, penalties.

VA HB2485

Cannabis control; establishes framework for creating retail market, penalties.

VA HB698

Cannabis control; establishes a framework for creation of a retail marijuana market, penalties.

VA SB448

Cannabis control; establishes a framework for creation of a retail marijuana market, penalties.

VA HB2697

Establishes the offense of organized retail theft

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