Maryland 2022 Regular Session

Maryland Senate Bill SB619 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0619
6	6
7	7	SENATE BILL 619
8	8	E1 2lr2088
9	9	SB 385/21 – JPR CF 2lr2608
10	10	By: Senator Cassilly
11	11	Introduced and read first time: February 2, 2022
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Organized Retail Theft 2
19	19
20	20	FOR the purpose of providing that multiple thefts committed by the same person in 3
21	21	multiple counties under one scheme or continuing course of conduct may be joined 4
22	22	and prosecuted in a certain county; providing that certain misdemeanor charges may 5
23	23	not be aggregated to constitute a felony; establishing requirements for a court to 6
24	24	make a finding as to whether a theft meets a definition of organized retail theft for 7
25	25	purposes of reporting to the Criminal Justice Information System Central 8
26	26	Repository; and generally relating to organized retail theft. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Criminal Law 11
30	30	Section 7–103(f) 12
31	31	Annotated Code of Maryland 13
32	32	(2021 Replacement Volume and 2021 Supplement) 14
33	33
34	34	BY repealing and reenacting, with amendments, 15
35	35	Article – Criminal Procedure 16
36	36	Section 2–203 17
37	37	Annotated Code of Maryland 18
38	38	(2018 Replacement Volume and 2021 Supplement) 19
39	39
40	40	BY adding to 20
41	41	Article – Criminal Procedure 21
42	42	Section 6–236 22
43	43	Annotated Code of Maryland 23
44	44	(2018 Replacement Volume and 2021 Supplement) 24
45	45
46	46	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
47	47	That the Laws of Maryland read as follows: 26
48	48	2 SENATE BILL 619
49	49
50	50
51	51	Article – Criminal Law 1
52	52
53	53	7–103. 2
54	54
55	55	(f) (1) When theft is committed in violation of this part under one scheme or 3
56	56	continuing course of conduct, whether from the same or several sources: 4
57	57
58	58	[(1)] (I) the conduct may be considered as one crime; and 5
59	59
60	60	[(2)] (II) EXCEPT AS PROVIDED I N PARAGRAPH (2)(II) OF THIS 6
61	61	SUBSECTION, the value of the property or services may be aggregated in determining 7
62	62	whether the theft is a felony or a misdemeanor. 8
63	63
64	64	(2) (I) MULTIPLE THEFTS COMMI TTED BY THE SAME PER SON IN 9
65	65	MULTIPLE COUNTIES UN DER ONE SCHEME OR CO NTINUING COURSE O F CONDUCT 10
66	66	MAY BE JOINED AND PROSECUTED IN AN Y COUNTY IN WHICH AN Y ONE OF THE 11
67	67	THEFTS OCCURRED . 12
68	68
69	69	(II) MISDEMEANOR CHARGES F ROM DIFFERENT COUNTI ES MAY 13
70	70	NOT BE AGGREGATED TO CONSTITUTE A FELONY UNDER THIS PARAGRAPH . 14
71	71
72	72	Article – Criminal Procedure 15
73	73
74	74	2–203. 16
75	75
76	76	(a) A police officer without a warrant may arrest a person if the police officer has 17
77	77	probable cause to believe: 18
78	78
79	79	(1) that the person has committed a crime listed in subsection (b) of this 19
80	80	section; and 20
81	81
82	82	(2) that unless the person is arrested immediately, the person: 21
83	83
84	84	(i) may not be apprehended; 22
85	85
86	86	(ii) may cause physical injury or property damage to another; or 23
87	87
88	88	(iii) may tamper with, dispose of, or destroy evidence. 24
89	89
90	90	(b) The crimes referred to in subsection (a)(1) of this section are: 25
91	91
92	92	(1) manslaughter by vehicle or vessel under § 2–209 of the Criminal Law 26
93	93	Article; 27
94	94
95	95	(2) malicious burning under § 6–104 or § 6–105 of the Criminal Law Article 28
96	96	or an attempt to commit the crime; 29 SENATE BILL 619 3
97	97
98	98
99	99
100	100	(3) malicious mischief under § 6–301 of the Criminal Law Article or an 1
101	101	attempt to commit the crime; 2
102	102
103	103	(4) a theft crime where the value of the property or services stolen is less 3
104	104	than [$1,000] $1,500 under § 7–104 [or § 7–105] of the Criminal Law Article, INCLUDING 4
105	105	§ 7–104(G)(4) OF THE CRIMINAL LAW ARTICLE, or an attempt to commit the crime; 5
106	106
107	107	(5) the crime of giving or causing to be given a false alarm of fire under § 6
108	108	9–604 of the Criminal Law Article; 7
109	109
110	110	(6) indecent exposure under § 11–107 of the Criminal Law Article; 8
111	111
112	112	(7) a crime that relates to controlled dangerous substances under Title 5 of 9
113	113	the Criminal Law Article or an attempt to commit the crime; 10
114	114
115	115	(8) the wearing, carrying, or transporting of a handgun under § 4–203 or § 11
116	116	4–204 of the Criminal Law Article; 12
117	117
118	118	(9) carrying or wearing a concealed weapon under § 4–101 of the Criminal 13
119	119	Law Article; 14
120	120
121	121	(10) prostitution and related crimes under Title 11, Subtitle 3 of the 15
122	122	Criminal Law Article; and 16
123	123
124	124	(11) violation of a condition of pretrial or posttrial release under § 5–213.1 17
125	125	of this article. 18
126	126
127	127	6–236. 19
128	128
129	129	(A) IN THIS SECTION , “ORGANIZED RETAIL THE FT” MEANS THE 20
130	130	COMMISSION, EITHER ALONE OR WITH ONE OR MORE OTHER PE RSONS, OF A SERIES 21
131	131	OF THEFTS OF RETAIL MERCHANDISE FROM ONE OR MORE RETAIL MERCH ANTS 22
132	132	WITH THE INTENT TO : 23
133	133
134	134	(1) RETURN THE MERCHANDI SE TO THE MERCHANT F OR VALUE; OR 24
135	135
136	136	(2) RESELL, TRADE, OR BARTER THE MERCHA NDISE FOR VALUE . 25
137	137
138	138	(B) (1) IF A DEFENDANT IS CON VICTED OF OR RECEIVE S A PROBATION 26
139	139	BEFORE JUDGMENT DISP OSITION FOR THEFT UN DER § 7–104 OF THE CRIMINAL 27
140	140	LAW ARTICLE, ON REQUEST OF THE STATE’S ATTORNEY THE COURT SHALL MAKE A 28
141	141	FINDING OF FACT BASE D ON EVIDENCE PRODUC ED AT TRIAL AS TO WH ETHER THE 29
142	142	CRIME IS ORGANIZED R ETAIL THEFT. 30
143	143
144	144	(2) THE STATE HAS THE BURDEN OF PROVING BY A PREP ONDERANCE 31 4 SENATE BILL 619
145	145
146	146
147	147	OF THE EVIDENCE THAT THE CRIME IS ORGANIZ ED RETAIL THEFT . 1
148	148
149	149	(C) IF THE COURT FINDS THAT THE CRIME IS ORGANIZED R ETAIL THEFT 2
150	150	UNDER SUBSECTION (B) OF THIS SECTION, THAT FINDING SHALL B ECOME PART OF 3
151	151	THE COURT RECORD FOR PURPOSES OF REPORTIN G TO THE CRIMINAL JUSTICE 4
152	152	INFORMATION SYSTEM CENTRAL REPOSITORY UNDER § 10–215 OF THIS ARTICLE. 5
153	153
154	154	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
155	155	October 1, 2022. 7
156	156