| 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 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0179* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 179 | |
| 11 | 8 | E1, E2 5lr1006 | |
| 12 | 9 | HB 948/24 – JUD (PRE–FILED) CF SB 11 | |
| 13 | 10 | By: Delegates Toles, Grammer, Hartman, Kaufman, and Wu | |
| 14 | 11 | Requested: September 30, 2024 | |
| 15 | 12 | Introduced and read first time: January 8, 2025 | |
| 16 | 13 | Assigned to: Judiciary | |
| 17 | - | Committee Report: Favorable | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: February 22, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Organized Retail Theft Act of 2025 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of providing that multiple thefts committed by the same person in 3 | |
| 28 | 22 | multiple counties under one scheme or continuing course of conduct may be joined 4 | |
| 29 | 23 | and prosecuted in a certain county; prohibiting one or more persons from committing 5 | |
| 30 | 24 | a series of thefts from retail merchants over a certain period with an aggregate value 6 | |
| 31 | 25 | exceeding a certain amount; providing that a conviction under this Act merges with 7 | |
| 32 | 26 | a certain other conviction for sentencing purposes; requiring a court to make a 8 | |
| 33 | 27 | finding as to whether a certain crime is organized retail theft under certain 9 | |
| 34 | 28 | circumstances for a certain purpose; and generally relating to organized retail theft. 10 | |
| 35 | 29 | ||
| 36 | 30 | BY repealing and reenacting, without amendments, 11 | |
| 37 | 31 | Article – Criminal Law 12 | |
| 38 | 32 | Section 7–103(a) 13 | |
| 39 | 33 | Annotated Code of Maryland 14 | |
| 40 | 34 | (2021 Replacement Volume and 2024 Supplement) 15 | |
| 41 | 35 | ||
| 42 | 36 | BY repealing and reenacting, with amendments, 16 | |
| 43 | 37 | Article – Criminal Law 17 | |
| 44 | 38 | Section 7–103(b) and (f) 18 | |
| 45 | 39 | Annotated Code of Maryland 19 | |
| 46 | 40 | (2021 Replacement Volume and 2024 Supplement) 20 | |
| 47 | 41 | ||
| 48 | - | BY adding to 21 2 HOUSE BILL 179 | |
| 42 | + | BY adding to 21 | |
| 43 | + | Article – Criminal Law 22 | |
| 44 | + | Section 7–104.1 23 | |
| 45 | + | Annotated Code of Maryland 24 | |
| 46 | + | (2021 Replacement Volume and 2024 Supplement) 25 | |
| 47 | + | 2 HOUSE BILL 179 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | Article – Criminal Law 1 | |
| 52 | - | Section 7–104.1 2 | |
| 53 | - | Annotated Code of Maryland 3 | |
| 54 | - | (2021 Replacement Volume and 2024 Supplement) 4 | |
| 50 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
| 51 | + | That the Laws of Maryland read as follows: 2 | |
| 55 | 52 | ||
| 56 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 | |
| 57 | - | That the Laws of Maryland read as follows: 6 | |
| 53 | + | Article – Criminal Law 3 | |
| 58 | 54 | ||
| 59 | - | ||
| 55 | + | 7–103. 4 | |
| 60 | 56 | ||
| 61 | - | ||
| 57 | + | (a) In this section, “value” means: 5 | |
| 62 | 58 | ||
| 63 | - | (a) In this section, “value” means: 9 | |
| 59 | + | (1) the market value of the property or service at the time and place of the 6 | |
| 60 | + | crime; or 7 | |
| 64 | 61 | ||
| 65 | - | ( | |
| 66 | - | ||
| 62 | + | (2) if the market value cannot satisfactorily be ascertained, the cost of the 8 | |
| 63 | + | replacement of the property or service within a reasonable time after the crime. 9 | |
| 67 | 64 | ||
| 68 | - | ( | |
| 69 | - | ||
| 65 | + | (b) [The] EXCEPT AS PROVIDED IN § 7–104.1 OF THIS SUBTITLE , THE value 10 | |
| 66 | + | of property or service under this part shall be determined in accordance with this section. 11 | |
| 70 | 67 | ||
| 71 | - | ( | |
| 72 | - | of | |
| 68 | + | (f) (1) When theft is committed in violation of this part under one scheme or 12 | |
| 69 | + | continuing course of conduct, whether from the same or several sources: 13 | |
| 73 | 70 | ||
| 74 | - | (f) (1) When theft is committed in violation of this part under one scheme or 16 | |
| 75 | - | continuing course of conduct, whether from the same or several sources: 17 | |
| 71 | + | [(1)] (I) the conduct may be considered as one crime; and 14 | |
| 76 | 72 | ||
| 77 | - | [(1)] (I) the conduct may be considered as one crime; and 18 | |
| 73 | + | [(2)] (II) the value of the property or services may be aggregated in 15 | |
| 74 | + | determining whether the theft is a felony or a misdemeanor. 16 | |
| 78 | 75 | ||
| 79 | - | [(2)] (II) the value of the property or services may be aggregated in 19 | |
| 80 | - | determining whether the theft is a felony or a misdemeanor. 20 | |
| 76 | + | (2) MULTIPLE THEFTS COMMI TTED BY THE SAME PER SON IN 17 | |
| 77 | + | MULTIPLE COUNTIES UNDER ONE SCHEME OR CONTINUING COURSE OF CONDUCT 18 | |
| 78 | + | MAY BE JOINED AND PROSECUTED IN AN Y COUNTY IN WHICH AN Y ONE OF THE 19 | |
| 79 | + | THEFTS OCCURRED . 20 | |
| 81 | 80 | ||
| 82 | - | (2) MULTIPLE THEFTS COMMI TTED BY THE SAME PER SON IN 21 | |
| 83 | - | MULTIPLE COUNTIES UN DER ONE SCHEME OR CO NTINUING COURSE OF C ONDUCT 22 | |
| 84 | - | MAY BE JOINED AND PROSECUTED IN AN Y COUNTY IN WHICH AN Y ONE OF THE 23 | |
| 85 | - | THEFTS OCCURRED . 24 | |
| 81 | + | 7–104.1. 21 | |
| 86 | 82 | ||
| 87 | - | 7–104.1. 25 | |
| 83 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22 | |
| 84 | + | INDICATED. 23 | |
| 88 | 85 | ||
| 89 | - | (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 26 | |
| 90 | - | INDICATED. 27 | |
| 86 | + | (2) “ORGANIZED RETAIL THEF T” MEANS THE COMMISSION , EITHER 24 | |
| 87 | + | ALONE OR IN CONCERT WITH ONE OR MORE OTH ER PERSONS, OF A SERIES OF 25 | |
| 88 | + | THEFTS OF RETAIL MER CHANDISE FROM ONE OR MORE RETAIL MERCHANT S OVER 26 | |
| 89 | + | A 90–DAY PERIOD WITH THE INTENT TO: 27 | |
| 91 | 90 | ||
| 92 | - | (2) “ORGANIZED RETAIL THEF T” MEANS THE COMMISSION , EITHER 28 | |
| 93 | - | ALONE OR IN CONCERT WITH ONE OR MORE OTH ER PERSONS, OF A SERIES OF 29 | |
| 94 | - | THEFTS OF RETAIL MER CHANDISE FROM ONE OR MORE RETAIL MERCHANT S OVER 30 | |
| 95 | - | A 90–DAY PERIOD WITH THE INTENT TO: 31 | |
| 91 | + | (I) PERMANENTLY DEPRIVE THE MERCHANT OF THE 28 | |
| 92 | + | MERCHANDISE ; 29 | |
| 96 | 93 | HOUSE BILL 179 3 | |
| 97 | 94 | ||
| 98 | 95 | ||
| 99 | - | ( | |
| 100 | - | ||
| 96 | + | (II) RETURN THE MERCHANDI SE TO THE MERCHANT F OR 1 | |
| 97 | + | MONETARY OR OTHER GA IN; OR 2 | |
| 101 | 98 | ||
| 102 | - | ( | |
| 103 | - | MONETARY OR OTHER GA IN | |
| 99 | + | (III) RESELL, TRADE, OR BARTER THE MERCHA NDISE FOR 3 | |
| 100 | + | MONETARY OR OTHER GA IN. 4 | |
| 104 | 101 | ||
| 105 | - | ( | |
| 106 | - | ||
| 102 | + | (3) (I) “VALUE” HAS THE MEANING STAT ED IN § 7–103 OF THIS 5 | |
| 103 | + | SUBTITLE. 6 | |
| 107 | 104 | ||
| 108 | - | (3) (I) “VALUE” HAS THE MEANING STAT ED IN § 7–103 OF THIS 7 | |
| 109 | - | SUBTITLE. 8 | |
| 105 | + | (II) “VALUE” INCLUDES THE MARKET VALUE OF ANY PROPERTY 7 | |
| 106 | + | DAMAGED IN FURTHERAN CE OF THE CRIME AND ANY COSTS TO REPAIR , REPLACE, 8 | |
| 107 | + | OR RESTOCK ANY DAMAG ED OR STOLEN PROPERT Y. 9 | |
| 110 | 108 | ||
| 111 | - | (II) “VALUE” INCLUDES THE MARKET VALUE OF ANY PROPERT Y 9 | |
| 112 | - | DAMAGED IN FURTHERAN CE OF THE CRIME AND ANY COSTS TO REPAIR , REPLACE, 10 | |
| 113 | - | OR RESTOCK ANY DAMAG ED OR STOLEN PROPERT Y. 11 | |
| 109 | + | (B) A PERSON MAY NOT COMMI T ORGANIZED RETAIL T HEFT OF PROPERTY 10 | |
| 110 | + | WITH AN AGGREGATE VA LUE EXCEEDING $1,500. 11 | |
| 114 | 111 | ||
| 115 | - | ( | |
| 116 | - | ||
| 112 | + | (C) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION WITH A 12 | |
| 113 | + | VALUE OF: 13 | |
| 117 | 114 | ||
| 118 | - | ( | |
| 119 | - | ||
| 115 | + | (1) AT LEAST $1,500 BUT LESS THAN $25,000 IS GUILTY OF A FELON Y 14 | |
| 116 | + | AND: 15 | |
| 120 | 117 | ||
| 121 | - | ( | |
| 122 | - | AND | |
| 118 | + | (I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 5 YEARS OR 16 | |
| 119 | + | A FINE NOT EXCEEDING $10,000 OR BOTH; AND 17 | |
| 123 | 120 | ||
| 124 | - | ( | |
| 125 | - | ||
| 121 | + | (II) SHALL RESTORE THE PR OPERTY TAKEN TO THE OWNER OR 18 | |
| 122 | + | PAY THE OWNER THE VA LUE OF THE PROPERTY OR SERVICES; 19 | |
| 126 | 123 | ||
| 127 | - | ( | |
| 128 | - | ||
| 124 | + | (2) AT LEAST $25,000 BUT LESS THAN $100,000 IS GUILTY OF A 20 | |
| 125 | + | FELONY AND: 21 | |
| 129 | 126 | ||
| 130 | - | ( | |
| 131 | - | ||
| 127 | + | (I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 10 YEARS 22 | |
| 128 | + | OR A FINE NOT EXCEED ING $15,000 OR BOTH; AND 23 | |
| 132 | 129 | ||
| 133 | - | ( | |
| 134 | - | ||
| 130 | + | (II) SHALL RESTORE THE PR OPERTY TAKEN TO THE OWNER OR 24 | |
| 131 | + | PAY THE OWNER THE VA LUE OF THE PROPERTY OR SERVICES; OR 25 | |
| 135 | 132 | ||
| 136 | - | (II) SHALL RESTORE THE PR OPERTY TAKEN TO THE OWNER OR 26 | |
| 137 | - | PAY THE OWNER THE VA LUE OF THE PROPERTY OR SERVICES; OR 27 | |
| 133 | + | (3) $100,000 OR MORE IS GUILTY OF A FELONY AND: 26 | |
| 138 | 134 | ||
| 139 | - | (3) $100,000 OR MORE IS GUILTY OF A FELONY A ND: 28 | |
| 135 | + | (I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 20 YEARS 27 | |
| 136 | + | OR A FINE NOT EXCEEDING $25,000 OR BOTH; AND 28 | |
| 140 | 137 | ||
| 141 | - | ( | |
| 142 | - | ||
| 138 | + | (II) SHALL RESTORE THE PR OPERTY TAKEN TO THE OWNER OR 29 | |
| 139 | + | PAY THE OWNER THE VA LUE OF THE PROPERTY OR SERVICES. 30 4 HOUSE BILL 179 | |
| 143 | 140 | ||
| 144 | 141 | ||
| 145 | 142 | ||
| 146 | - | ( | |
| 147 | - | ||
| 143 | + | (D) (1) THIS SECTION DOES NOT PRECLUDE PROSECUTION FOR THEFT 1 | |
| 144 | + | UNDER § 7–104 OF THIS SUBTITLE. 2 | |
| 148 | 145 | ||
| 149 | - | (D) (1) THIS SECTION DOES NOT PRECLU DE PROSECUTION FOR T HEFT 3 | |
| 150 | - | UNDER § 7–104 OF THIS SUBTITLE. 4 | |
| 146 | + | (2) IF A PERSON IS CONVICTED UNDER § 7–104 OF THIS SUBTITLE 3 | |
| 147 | + | AND THIS SECTION FOR THE SAME ACTS OR TRA NSACTIONS, THE CONVICTION 4 | |
| 148 | + | UNDER THIS SECTION S HALL MERGE FOR SENTE NCING PURPOSES INTO THE 5 | |
| 149 | + | CONVICTION UNDER § 7–104 OF THIS SUBTITLE. 6 | |
| 151 | 150 | ||
| 152 | - | (2) IF A PERSON IS CONVIC TED UNDER § 7–104 OF THIS SUBTITLE 5 | |
| 153 | - | AND THIS SECTION FOR THE SAME ACTS OR TRA NSACTIONS, THE CONVICTION 6 | |
| 154 | - | UNDER THIS SECTION S HALL MERGE FOR SENTE NCING PUR POSES INTO THE 7 | |
| 155 | - | CONVICTION UNDER § 7–104 OF THIS SUBTITLE. 8 | |
| 151 | + | (E) (1) (I) IF A DEFENDANT IS CONVICTED OF OR RECE IVES A 7 | |
| 152 | + | PROBATION BEFORE JUD GMENT DISPOSITION FO R THEFT UNDER § 7–104 OF THIS 8 | |
| 153 | + | SUBTITLE, BURGLARY UNDER § 6–203 OR § 6–205 OF THIS ARTICLE , ROBBERY 9 | |
| 154 | + | UNDER § 3–402 OR § 3–403 OF THIS ARTICLE , OR USE OF A FIREARM IN THE 10 | |
| 155 | + | COMMISSION OF A CRIM E OF VIOLENCE OR A F ELONY UNDER § 4–204 OF THIS 11 | |
| 156 | + | ARTICLE, ON REQUEST OF THE STATE’S ATTORNEY THE COURT SH ALL MAKE A 12 | |
| 157 | + | FINDING OF FACT BASE D ON EVIDENCE PRODUC ED AT TRIAL AS TO WH ETHER THE 13 | |
| 158 | + | CRIME IS ORGANIZED R ETAIL THEFT. 14 | |
| 156 | 159 | ||
| 157 | - | (E) (1) (I) IF A DEFENDANT IS CON VICTED OF OR RECEIVE S A 9 | |
| 158 | - | PROBATION BEFORE JUD GMENT DISPOSITION FO R THEFT UNDER § 7–104 OF THIS 10 | |
| 159 | - | SUBTITLE, BURGLARY UNDER § 6–203 OR § 6–205 OF THIS ARTICLE , ROBBERY 11 | |
| 160 | - | UNDER § 3–402 OR § 3–403 OF THIS ARTICLE , OR USE OF A FIREARM IN THE 12 | |
| 161 | - | COMMISSION OF A CRIM E OF VIOLENCE OR A F ELONY UNDER § 4–204 OF THIS 13 | |
| 162 | - | ARTICLE, ON REQUEST OF THE STATE’S ATTORNEY THE COURT SH ALL MAKE A 14 | |
| 163 | - | FINDING OF FACT BASE D ON EVIDENCE PRODUC ED AT TRIAL AS TO WHETHER THE 15 | |
| 164 | - | CRIME IS ORGANIZED R ETAIL THEFT. 16 | |
| 160 | + | (II) THE STATE HAS THE BURDEN OF PROVING BY A 15 | |
| 161 | + | PREPONDERANCE OF THE EVIDENCE THAT THE CR IME IS ORGANIZED RET AIL 16 | |
| 162 | + | THEFT. 17 | |
| 165 | 163 | ||
| 166 | - | (II) THE STATE HAS THE BURDEN OF PROVING BY A 17 | |
| 167 | - | PREPONDERANCE OF THE EVIDENCE THAT THE CR IME IS ORGANIZED RET AIL 18 | |
| 168 | - | THEFT. 19 | |
| 164 | + | (2) IF THE COURT FINDS TH AT THE CRIME IS ORGA NIZED RETAIL 18 | |
| 165 | + | THEFT UNDER PARAGRAP H (1) OF THIS SUBSECTION , THAT FINDING SHALL B ECOME 19 | |
| 166 | + | PART OF THE COURT RE CORD FOR PURPOSES O F REPORTING TO THE CRIMINAL 20 | |
| 167 | + | JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY UNDER § 10–215 OF THE 21 | |
| 168 | + | CRIMINAL PROCEDURE ARTICLE. 22 | |
| 169 | 169 | ||
| 170 | - | (2) IF THE COURT FINDS TH AT THE CRIME IS ORGA NIZED RETAIL 20 | |
| 171 | - | THEFT UNDER PARAGRAP H (1) OF THIS SUBSECTION , THAT FINDING SHALL B ECOME 21 | |
| 172 | - | PART OF THE COURT RE CORD FOR PURPOSES OF REPORTING TO THE CRIMINAL 22 | |
| 173 | - | JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY UNDER § 10–215 OF THE 23 | |
| 174 | - | CRIMINAL PROCEDURE ARTICLE. 24 | |
| 175 | - | ||
| 176 | - | SECTION 2. AND BE IT FURTHER ENACTED, Tha t this Act shall take effect 25 | |
| 177 | - | October 1, 2025. 26 | |
| 170 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 | |
| 171 | + | October 1, 2025. 24 | |
| 178 | 172 |