EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0179*
HOUSE BILL 179
E1, E2 5lr1006
HB 948/24 – JUD (PRE–FILED) CF SB 11
By: Delegates Toles, Grammer, Hartman, Kaufman, and Wu
Requested: September 30, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Organized Retail Theft Act of 2025 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; prohibiting one or more persons from committing 5
a series of thefts from retail merchants over a certain period with an aggregate value 6
exceeding a certain amount; providing that a conviction under this Act merges with 7
a certain other conviction for sentencing purposes; requiring a court to make a 8
finding as to whether a certain crime is organized retail theft under certain 9
circumstances for a certain purpose; and generally relating to organized retail theft. 10
BY repealing and reenacting, without amendments, 11
Article – Criminal Law 12
Section 7–103(a) 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Criminal Law 17
Section 7–103(b) and (f) 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2024 Supplement) 20
BY adding to 21
Article – Criminal Law 22
Section 7–104.1 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2024 Supplement) 25
2 HOUSE BILL 179
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Criminal Law 3
7–103. 4
(a) In this section, “value” means: 5
(1) the market value of the property or service at the time and place of the 6
crime; or 7
(2) if the market value cannot satisfactorily be ascertained, the cost of the 8
replacement of the property or service within a reasonable time after the crime. 9
(b) [The] EXCEPT AS PROVIDED IN § 7–104.1 OF THIS SUBTITLE , THE value 10
of property or service under this part shall be determined in accordance with this section. 11
(f) (1) When theft is committed in violation of this part under one scheme or 12
continuing course of conduct, whether from the same or several sources: 13
[(1)] (I) the conduct may be considered as one crime; and 14
[(2)] (II) the value of the property or services may be aggregated in 15
determining whether the theft is a felony or a misdemeanor. 16
(2) MULTIPLE THEFTS COMMI TTED BY THE SAME PER SON IN 17
MULTIPLE COUNTIES UNDER ONE SCHEME OR CONTINUING COURSE OF CONDUCT 18
MAY BE JOINED AND PROSECUTED IN AN Y COUNTY IN WHICH AN Y ONE OF THE 19
THEFTS OCCURRED . 20
7–104.1. 21
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
(2) “ORGANIZED RETAIL THEF T” MEANS THE COMMISSION , EITHER 24
ALONE OR IN CONCERT WITH ONE OR MORE OTH ER PERSONS, OF A SERIES OF 25
THEFTS OF RETAIL MER CHANDISE FROM ONE OR MORE RETAIL MERCHANT S OVER 26
A 90–DAY PERIOD WITH THE INTENT TO: 27
(I) PERMANENTLY DEPRIVE THE MERCHANT OF THE 28
MERCHANDISE ; 29
HOUSE BILL 179 3
(II) RETURN THE MERCHANDI SE TO THE MERCHANT F OR 1
MONETARY OR OTHER GA IN; OR 2
(III) RESELL, TRADE, OR BARTER THE MERCHA NDISE FOR 3
MONETARY OR OTHER GA IN. 4
(3) (I) “VALUE” HAS THE MEANING STAT ED IN § 7–103 OF THIS 5
SUBTITLE. 6
(II) “VALUE” INCLUDES THE MARKET VALUE OF ANY PROPERTY 7
DAMAGED IN FURTHERAN CE OF THE CRIME AND ANY COSTS TO REPAIR , REPLACE, 8
OR RESTOCK ANY DAMAG ED OR STOLEN PROPERT Y. 9
(B) A PERSON MAY NOT COMMI T ORGANIZED RETAIL T HEFT OF PROPERTY 10
WITH AN AGGREGATE VA LUE EXCEEDING $1,500. 11
(C) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION WITH A 12
VALUE OF: 13
(1) AT LEAST $1,500 BUT LESS THAN $25,000 IS GUILTY OF A FELON Y 14
AND: 15
(I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 5 YEARS OR 16
A FINE NOT EXCEEDING $10,000 OR BOTH; AND 17
(II) SHALL RESTORE THE PR OPERTY TAKEN TO THE OWNER OR 18
PAY THE OWNER THE VA LUE OF THE PROPERTY OR SERVICES; 19
(2) AT LEAST $25,000 BUT LESS THAN $100,000 IS GUILTY OF A 20
FELONY AND: 21
(I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 10 YEARS 22
OR A FINE NOT EXCEED ING $15,000 OR BOTH; AND 23
(II) SHALL RESTORE THE PR OPERTY TAKEN TO THE OWNER OR 24
PAY THE OWNER THE VA LUE OF THE PROPERTY OR SERVICES; OR 25
(3) $100,000 OR MORE IS GUILTY OF A FELONY AND: 26
(I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 20 YEARS 27
OR A FINE NOT EXCEEDING $25,000 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 179
(D) (1) THIS SECTION DOES NOT PRECLUDE PROSECUTION FOR THEFT 1
UNDER § 7–104 OF THIS SUBTITLE. 2
(2) IF A PERSON IS CONVICTED UNDER § 7–104 OF THIS SUBTITLE 3
AND THIS SECTION FOR THE SAME ACTS OR TRA NSACTIONS, THE CONVICTION 4
UNDER THIS SECTION S HALL MERGE FOR SENTE NCING PURPOSES INTO THE 5
CONVICTION UNDER § 7–104 OF THIS SUBTITLE. 6
(E) (1) (I) IF A DEFENDANT IS CONVICTED OF OR RECE IVES A 7
PROBATION BEFORE JUD GMENT DISPOSITION FO R THEFT UNDER § 7–104 OF THIS 8
SUBTITLE, BURGLARY UNDER § 6–203 OR § 6–205 OF THIS ARTICLE , ROBBERY 9
UNDER § 3–402 OR § 3–403 OF THIS ARTICLE , OR USE OF A FIREARM IN THE 10
COMMISSION OF A CRIM E OF VIOLENCE OR A F ELONY UNDER § 4–204 OF THIS 11
ARTICLE, ON REQUEST OF THE STATE’S ATTORNEY THE COURT SH ALL MAKE A 12
FINDING OF FACT BASE D ON EVIDENCE PRODUC ED AT TRIAL AS TO WH ETHER THE 13
CRIME IS ORGANIZED R ETAIL THEFT. 14
(II) THE STATE HAS THE BURDEN OF PROVING BY A 15
PREPONDERANCE OF THE EVIDENCE THAT THE CR IME IS ORGANIZED RET AIL 16
THEFT. 17
(2) IF THE COURT FINDS TH AT THE CRIME IS ORGA NIZED RETAIL 18
THEFT UNDER PARAGRAP H (1) OF THIS SUBSECTION , THAT FINDING SHALL B ECOME 19
PART OF THE COURT RE CORD FOR PURPOSES O F REPORTING TO THE CRIMINAL 20
JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY UNDER § 10–215 OF THE 21
CRIMINAL PROCEDURE ARTICLE. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2025. 24