EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0619*
SENATE BILL 619
E1 2lr2088
SB 385/21 – JPR CF 2lr2608
By: Senator Cassilly
Introduced and read first time: February 2, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Organized Retail Theft 2
FOR the purpose of providing that multiple thefts committed by the same person in 3
multiple counties under one scheme or continuing course of conduct may be joined 4
and prosecuted in a certain county; providing that certain misdemeanor charges may 5
not be aggregated to constitute a felony; establishing requirements for a court to 6
make a finding as to whether a theft meets a definition of organized retail theft for 7
purposes of reporting to the Criminal Justice Information System Central 8
Repository; and generally relating to organized retail theft. 9
BY repealing and reenacting, with amendments, 10
Article – Criminal Law 11
Section 7–103(f) 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Criminal Procedure 16
Section 2–203 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
BY adding to 20
Article – Criminal Procedure 21
Section 6–236 22
Annotated Code of Maryland 23
(2018 Replacement Volume and 2021 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 SENATE BILL 619
Article – Criminal Law 1
7–103. 2
(f) (1) When theft is committed in violation of this part under one scheme or 3
continuing course of conduct, whether from the same or several sources: 4
[(1)] (I) the conduct may be considered as one crime; and 5
[(2)] (II) EXCEPT AS PROVIDED I N PARAGRAPH (2)(II) OF THIS 6
SUBSECTION, the value of the property or services may be aggregated in determining 7
whether the theft is a felony or a misdemeanor. 8
(2) (I) MULTIPLE THEFTS COMMI TTED BY THE SAME PER SON IN 9
MULTIPLE COUNTIES UN DER ONE SCHEME OR CO NTINUING COURSE O F CONDUCT 10
MAY BE JOINED AND PROSECUTED IN AN Y COUNTY IN WHICH AN Y ONE OF THE 11
THEFTS OCCURRED . 12
(II) MISDEMEANOR CHARGES F ROM DIFFERENT COUNTI ES MAY 13
NOT BE AGGREGATED TO CONSTITUTE A FELONY UNDER THIS PARAGRAPH . 14
Article – Criminal Procedure 15
2–203. 16
(a) A police officer without a warrant may arrest a person if the police officer has 17
probable cause to believe: 18
(1) that the person has committed a crime listed in subsection (b) of this 19
section; and 20
(2) that unless the person is arrested immediately, the person: 21
(i) may not be apprehended; 22
(ii) may cause physical injury or property damage to another; or 23
(iii) may tamper with, dispose of, or destroy evidence. 24
(b) The crimes referred to in subsection (a)(1) of this section are: 25
(1) manslaughter by vehicle or vessel under § 2–209 of the Criminal Law 26
Article; 27
(2) malicious burning under § 6–104 or § 6–105 of the Criminal Law Article 28
or an attempt to commit the crime; 29 SENATE BILL 619 3
(3) malicious mischief under § 6–301 of the Criminal Law Article or an 1
attempt to commit the crime; 2
(4) a theft crime where the value of the property or services stolen is less 3
than [$1,000] $1,500 under § 7–104 [or § 7–105] of the Criminal Law Article, INCLUDING 4
§ 7–104(G)(4) OF THE CRIMINAL LAW ARTICLE, or an attempt to commit the crime; 5
(5) the crime of giving or causing to be given a false alarm of fire under § 6
9–604 of the Criminal Law Article; 7
(6) indecent exposure under § 11–107 of the Criminal Law Article; 8
(7) a crime that relates to controlled dangerous substances under Title 5 of 9
the Criminal Law Article or an attempt to commit the crime; 10
(8) the wearing, carrying, or transporting of a handgun under § 4–203 or § 11
4–204 of the Criminal Law Article; 12
(9) carrying or wearing a concealed weapon under § 4–101 of the Criminal 13
Law Article; 14
(10) prostitution and related crimes under Title 11, Subtitle 3 of the 15
Criminal Law Article; and 16
(11) violation of a condition of pretrial or posttrial release under § 5–213.1 17
of this article. 18
6–236. 19
(A) IN THIS SECTION , “ORGANIZED RETAIL THE FT” MEANS THE 20
COMMISSION, EITHER ALONE OR WITH ONE OR MORE OTHER PE RSONS, OF A SERIES 21
OF THEFTS OF RETAIL MERCHANDISE FROM ONE OR MORE RETAIL MERCH ANTS 22
WITH THE INTENT TO : 23
(1) RETURN THE MERCHANDI SE TO THE MERCHANT F OR VALUE; OR 24
(2) RESELL, TRADE, OR BARTER THE MERCHA NDISE FOR VALUE . 25
(B) (1) IF A DEFENDANT IS CON VICTED OF OR RECEIVE S A PROBATION 26
BEFORE JUDGMENT DISP OSITION FOR THEFT UN DER § 7–104 OF THE CRIMINAL 27
LAW ARTICLE, ON REQUEST OF THE STATE’S ATTORNEY THE COURT SHALL MAKE A 28
FINDING OF FACT BASE D ON EVIDENCE PRODUC ED AT TRIAL AS TO WH ETHER THE 29
CRIME IS ORGANIZED R ETAIL THEFT. 30
(2) THE STATE HAS THE BURDEN OF PROVING BY A PREP ONDERANCE 31 4 SENATE BILL 619
OF THE EVIDENCE THAT THE CRIME IS ORGANIZ ED RETAIL THEFT . 1
(C) IF THE COURT FINDS THAT THE CRIME IS ORGANIZED R ETAIL THEFT 2
UNDER SUBSECTION (B) OF THIS SECTION, THAT FINDING SHALL B ECOME PART OF 3
THE COURT RECORD FOR PURPOSES OF REPORTIN G TO THE CRIMINAL JUSTICE 4
INFORMATION SYSTEM CENTRAL REPOSITORY UNDER § 10–215 OF THIS ARTICLE. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2022. 7