EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0948*
HOUSE BILL 948
E1 4lr2801
HB 446/21 – JUD
By: Delegate Toles Delegates Toles, Pasteur, Schmidt, Phillips, Tomlinson,
Arikan, Taylor, Valentine, Kaufman, and Cardin
Introduced and read first time: February 2, 2024
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 25, 2024
CHAPTER ______
AN ACT concerning 1
Organized Retail Theft – Venue for Prosecution, Warrantless Arrest Authority, 2
and Court Finding 3
Criminal Law – Organized Retail Theft 4
FOR the purpose of providing that multiple thefts committed by the same person in 5
multiple counties under one scheme or continuing course of conduct may be 6
aggregated joined and prosecuted in a certain county; altering a certain reference to 7
the maximum value of certain property or services applicable to misdemeanor theft; 8
clarifying the applicability of a certain warrantless arrest authority prohibiting one 9
or more persons from committing a series of thefts from retail merchants over a 10
certain period with an aggregate value exceeding a certain amount; providing that a 11
conviction under this Act merges with a certain other conviction for sentencing 12
purposes; requiring a court to make a finding as to whether a certain crime is 13
organized retail theft under certain circumstances for a certain purpose; and 14
generally relating to organized retail theft. 15
BY repealing and reenacting, without amendments, 16
Article – Criminal Law 17
Section 7–103(a) 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Criminal Law 22 2 HOUSE BILL 948
Section 7–103(f) 7–103(b) and (f) 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2023 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Criminal Procedure 5
Section 2–203 6
Annotated Code of Maryland 7
(2018 Replacement Volume and 2023 Supplement) 8
BY adding to 9
Article – Criminal Procedure Law 10
Section 6–237 7–104.1 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2023 Supplement) 13
(2021 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Criminal Law 17
7–103. 18
(a) In this section, “value” means: 19
(1) the market value of the property or service at the time and place of the 20
crime; or 21
(2) if the market value cannot satisfactorily be ascertained, the cost of the 22
replacement of the property or service within a reasonable time after the crime. 23
(b) [The] EXCEPT AS PROVIDED IN § 7–104.1 OF THIS SUBTITLE , THE value 24
of property or service under this part shall be determined in accordance with this section. 25
(f) (1) When theft is committed in violation of this part under one scheme or 26
continuing course of conduct, whether from the same or several sources: 27
[(1)] (I) the conduct may be considered as one crime; and 28
[(2)] (II) the value of the property or services may be aggregated in 29
determining whether the theft is a felony or a misdemeanor. 30
(2) MULTIPLE THEFTS COMMITTED BY THE SAME PERSON I N 31
MULTIPLE COUNTIES UN DER ONE SCHEME OR CO NTINUING COURSE OF C ONDUCT 32 HOUSE BILL 948 3
MAY BE AGGREGATED JOINED AND PROSECUTED IN AN Y COUNTY IN WHICH AN Y ONE 1
OF THE THEFTS OCCURR ED. 2
7–104.1. 3
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 4
INDICATED. 5
(2) “ORGANIZED RETAIL THEF T” MEANS THE COMMISSION , EITHER 6
ALONE OR IN CONCERT WITH ONE OR MORE OTH ER PERSONS, OF A SERIES OF 7
THEFTS OF RETAIL MER CHANDISE FROM ONE OR MORE RETAIL MERCHANT S OVER 8
A 90–DAY PERIOD WITH THE INTENT TO: 9
(I) PERMANENTLY DEPRIVE THE MERCHANT OF THE 10
MERCHANDISE ; 11
(II) RETURN THE MERCHANDI SE TO THE MERCHANT F OR 12
MONETARY OR OTHER GA IN; OR 13
(III) RESELL, TRADE, OR BARTER THE MERCHA NDISE FOR 14
MONETARY OR OTHER GA IN. 15
(3) (I) “VALUE” HAS THE MEANING STATED IN § 7–103 OF THIS 16
SUBTITLE. 17
(II) “VALUE” INCLUDES THE MARKET VALUE OF ANY PROPERT Y 18
DAMAGED IN FURTHERAN CE OF THE CRIME AND ANY COSTS TO REPAIR , REPLACE, 19
OR RESTOCK ANY DAMAG ED OR STOLEN PROPERT Y. 20
(B) A PERSON MAY NOT COMMI T ORGANIZED RETAIL THEFT OF PROP ERTY 21
WITH AN AGGREGATE VA LUE EXCEEDING $1,500. 22
(C) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION WITH A 23
VALUE OF: 24
(1) AT LEAST $1,500 BUT LESS THAN $25,000 IS GUILTY OF A FELON Y 25
AND: 26
(I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 5 YEARS OR 27
A FINE NOT EXCEEDING $10,000 OR BOTH; AND 28
(II) SHALL RESTORE THE PR OPERTY TAKEN TO THE OWNER OR 29
PAY THE OWNER THE VA LUE OF THE PROPERTY OR SERVICES; 30
4 HOUSE BILL 948
(2) AT LEAST $25,000 BUT LESS THAN $100,000 IS GUILTY OF A 1
FELONY AND: 2
(I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 10 YEARS 3
OR A FINE NOT EXCEED ING $15,000 OR BOTH; AND 4
(II) SHALL RESTORE THE PR OPERTY TAKEN TO THE OWNER OR 5
PAY THE OWNER THE VA LUE OF THE PROPERTY OR SERVICES; OR 6
(3) $100,000 OR MORE IS GUILTY OF A FELONY AND: 7
(I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 20 YEARS 8
OR A FINE NOT EXCEED ING $25,000 OR BOTH; AND 9
(II) SHALL RESTORE THE PR OPERTY TAKEN TO THE OWNER OR 10
PAY THE OWNER THE VA LUE OF THE PROPERTY OR SERVICES. 11
(D) (1) THIS SECTION DOES NOT PRECLUDE PROSECUTION FOR T HEFT 12
UNDER § 7–104 OF THIS SUBTITLE. 13
(2) IF A PERSON IS CONVIC TED UNDER § 7–104 OF THIS SUBTITLE 14
AND THIS SECTION FOR THE SAME ACTS OR TRA NSACTIONS, THE CONVICTION 15
UNDER THIS SECTION S HALL MERGE FOR SENTE NCING PURPOSES INTO THE 16
CONVICTION UNDER § 7–104 OF THIS SUBTITLE. 17
Article – Criminal Procedure 18
2–203. 19
(a) A police officer without a warrant may arrest a person if the police officer has 20
probable cause to believe: 21
(1) that the person has committed a crime listed in subsection (b) of this 22
section; and 23
(2) that unless the person is arrested immediately, the person: 24
(i) may not be apprehended; 25
(ii) may cause physical injury or property damage to another; or 26
(iii) may tamper with, dispose of, or destroy evidence. 27
(b) The crimes referred to in subsection (a)(1) of this section are: 28
HOUSE BILL 948 5
(1) manslaughter by vehicle or vessel under § 2–209 of the Criminal Law 1
Article; 2
(2) malicious burning under § 6–104 or § 6–105 of the Criminal Law Article 3
or an attempt to commit the crime; 4
(3) malicious mischief under § 6–301 of the Criminal Law Article or an 5
attempt to commit the crime; 6
(4) a theft crime where the value of the property or services stolen is less 7
than [$1,000] $1,500 under § 7–104 [or § 7–105] of the Criminal Law Article, INCLUDING 8
§ 7–104(G)(4) OF THE CRIMINAL LAW ARTICLE, or an attempt to commit the crime; 9
(5) the crime of giving or causing to be given a false alarm of fire under § 10
9–604 of the Criminal Law Article; 11
(6) indecent exposure under § 11–107 of the Criminal Law Article; 12
(7) a crime that relates to controlled dangerous substances under Title 5 of 13
the Criminal Law Article or an attempt to commit the crime; 14
(8) the wearing, carrying, or transporting of a handgun under § 4–203 or § 15
4–204 of the Criminal Law Article; 16
(9) carrying or wearing a concealed weapon under § 4–101 of the Criminal 17
Law Article; 18
(10) prostitution and related crimes under Title 11, Subtitle 3 of the 19
Criminal Law Article; and 20
(11) violation of a condition of pretrial or posttrial release under § 5–213.1 21
of this article. 22
6–237. 23
(A) IN THIS SECTION , “ORGANIZED RETAIL THE FT” MEANS THE 24
COMMISSION, EITHER ALONE OR WITH ONE OR MORE OTHER PE RSONS, OF A SERIES 25
OF THEFTS OF RETAIL MERCHANDISE FROM ONE OR MORE RETAIL MERCHANT S 26
WITH THE INTENT TO : 27
(1) RETURN THE MERCHANDI SE TO THE MERCHANT F OR VALUE; OR 28
(2) RESELL, TRADE, OR BARTER THE MERCHA NDISE FOR VALUE . 29
(B) (E) (1) (I) IF A DEFENDANT IS CON VICTED OF OR RECEIVE S A 30
PROBATION BEFORE JUD GMENT DISPO SITION FOR THEFT UND ER § 7–104 OF THE 31 6 HOUSE BILL 948
CRIMINAL LAW ARTICLE THIS SUBTITLE, BURGLARY UNDER § 6–203 OR § 6–205 OF 1
THE CRIMINAL LAW ARTICLE THIS ARTICLE, ROBBERY UNDER § 3–402 OR § 3–403 2
OF THE CRIMINAL LAW ARTICLE THIS ARTICLE, OR USE OF A FIREARM IN THE 3
COMMISSION OF A CRIM E OF VIOLENCE OR A F ELONY UNDER § 4–204 OF THE 4
CRIMINAL LAW ARTICLE THIS ARTICLE, ON REQUEST OF THE STATE’S ATTORNEY 5
THE COURT SHALL MAKE A FINDING OF FACT BA SED ON EVIDENCE PROD UCED AT 6
TRIAL AS TO WHETHER THE CRIME IS ORGANIZE D RETAIL THEFT. 7
(2) (II) THE STATE HAS THE BURDEN OF PROVING BY A 8
PREPONDERANCE OF THE EVIDENCE THAT THE CR IME IS ORGANIZED RET AIL 9
THEFT. 10
(C) (2) IF THE COURT FINDS TH AT THE CRIME IS ORGA NIZED RETAIL 11
THEFT UNDER SUBSECTION (B) OF THIS SECTION PARAGRAPH (1) OF THIS 12
SUBSECTION, THAT FINDING SHALL B ECOME PART OF THE CO URT RECORD FOR 13
PURPOSES OF REPORTIN G TO THE CRIMINAL JUSTICE INFORMATION SYSTEM 14
CENTRAL REPOSITORY UNDER § 10–215 OF THIS ARTICLE THE CRIMINAL 15
PROCEDURE ARTICLE. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2024. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.