EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0948*
HOUSE BILL 948
E1 4lr2801
HB 446/21 – JUD
By: Delegate Toles
Introduced and read first time: February 2, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Organized Retail Theft – Venue for Prosecution, Warrantless Arrest Authority, 2
and Court Finding 3
FOR the purpose of providing that multiple thefts committed by the same person in 4
multiple counties under one scheme or continuing course of conduct may be 5
aggregated and prosecuted in a certain county; altering a certain reference to the 6
maximum value of certain property or services applicable to misdemeanor theft; 7
clarifying the applicability of a certain warrantless arrest authority; requiring a 8
court to make a finding as to whether a certain crime is organized retail theft under 9
certain circumstances for a certain purpose; and generally relating to organized 10
retail theft. 11
BY repealing and reenacting, with amendments, 12
Article – Criminal Law 13
Section 7–103(f) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Criminal Procedure 18
Section 2–203 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2023 Supplement) 21
BY adding to 22
Article – Criminal Procedure 23
Section 6–237 24
Annotated Code of Maryland 25
(2018 Replacement Volume and 2023 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27 2 HOUSE BILL 948
That the Laws of Maryland read as follows: 1
Article – Criminal Law 2
7–103. 3
(f) (1) When theft is committed in violation of this part under one scheme or 4
continuing course of conduct, whether from the same or several sources: 5
[(1)] (I) the conduct may be considered as one crime; and 6
[(2)] (II) the value of the property or services may be aggregated in 7
determining whether the theft is a felony or a misdemeanor. 8
(2) MULTIPLE THEFTS COMMI TTED BY THE SAME PER SON IN 9
MULTIPLE COUNTIES UN DER ONE SCHEME OR CO NTINUING COURSE OF C ONDUCT 10
MAY BE AGGREGAT ED AND PROSECUTED IN ANY COUNTY IN WHICH ANY ONE OF THE 11
THEFTS OCCURRED . 12
Article – Criminal Procedure 13
2–203. 14
(a) A police officer without a warrant may arrest a person if the police officer has 15
probable cause to believe: 16
(1) that the person has committed a crime listed in subsection (b) of this 17
section; and 18
(2) that unless the person is arrested immediately, the person: 19
(i) may not be apprehended; 20
(ii) may cause physical injury or property damage to another; or 21
(iii) may tamper with, dispose of, or destroy evidence. 22
(b) The crimes referred to in subsection (a)(1) of this section are: 23
(1) manslaughter by vehicle or vessel under § 2–209 of the Criminal Law 24
Article; 25
(2) malicious burning under § 6–104 or § 6–105 of the Criminal Law Article 26
or an attempt to commit the crime; 27
(3) malicious mischief under § 6–301 of the Criminal Law Article or an 28 HOUSE BILL 948 3
attempt to commit the crime; 1
(4) a theft crime where the value of the property or services stolen is less 2
than [$1,000] $1,500 under § 7–104 [or § 7–105] of the Criminal Law Article, INCLUDING 3
§ 7–104(G)(4) OF THE CRIMINAL LAW ARTICLE, or an attempt to commit the crime; 4
(5) the crime of giving or causing to be given a false alarm of fire under § 5
9–604 of the Criminal Law Article; 6
(6) indecent exposure under § 11–107 of the Criminal Law Article; 7
(7) a crime that relates to controlled dangerous substances under Title 5 of 8
the Criminal Law Article or an attempt to commit the crime; 9
(8) the wearing, carrying, or transporting of a handgun under § 4–203 or § 10
4–204 of the Criminal Law Article; 11
(9) carrying or wearing a concealed weapon under § 4–101 of the Criminal 12
Law Article; 13
(10) prostitution and related crimes under Title 11, Subtitle 3 of the 14
Criminal Law Article; and 15
(11) violation of a condition of pretrial or posttrial release under § 5–213.1 16
of this article. 17
6–237. 18
(A) IN THIS SECTION , “ORGANIZED RETAIL THE FT” MEANS THE 19
COMMISSION, EITHER ALONE OR WITH ONE OR MORE OTHER PE RSONS, OF A SERIES 20
OF THEFTS OF RETAIL MERCHANDISE FROM ONE O R MORE RETAIL MERCHA NTS 21
WITH THE INTENT TO : 22
(1) RETURN THE MERCHANDI SE TO THE MERCHANT F OR VALUE; OR 23
(2) RESELL, TRADE, OR BARTER THE MERCHA NDISE FOR VALUE . 24
(B) (1) IF A DEFENDANT IS CON VICTED OF OR RECEIVE S A PROBATION 25
BEFORE JUDGMENT DISPOSITION FOR THEFT UNDER § 7–104 OF THE CRIMINAL 26
LAW ARTICLE, BURGLARY UNDER § 6–203 OR § 6–205 OF THE CRIMINAL LAW 27
ARTICLE, ROBBERY UNDER § 3–402 OR § 3–403 OF THE CRIMINAL LAW ARTICLE, OR 28
USE OF A FIREARM IN THE COMMISSION OF A CRIME OF VIOLE NCE OR A FELONY 29
UNDER § 4–204 OF THE CRIMINAL LAW ARTICLE, ON REQUEST OF THE STATE’S 30
ATTORNEY THE COURT SH ALL MAKE A FINDING O F FACT BASED ON EVID ENCE 31
PRODUCED AT TRIAL AS TO WHETHER THE CRIME IS ORGANIZED RETAIL THEFT. 32
4 HOUSE BILL 948
(2) THE STATE HAS THE BURDEN OF PROVING BY A PREPONDE RANCE 1
OF THE EVIDENCE THAT THE CRIME IS ORGANIZ ED RETAIL THEFT . 2
(C) IF THE COURT FINDS TH AT THE CRIME IS ORGA NIZED RETAIL THEFT 3
UNDER SUBSECTION (B) OF THIS SECTION, THAT FINDING SHALL B ECOME PART OF 4
THE COURT RECORD FOR PURPOSES OF R EPORTING TO THE CRIMINAL JUSTICE 5
INFORMATION SYSTEM CENTRAL REPOSITORY UNDER § 10–215 OF THIS ARTICLE. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2024. 8