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.
*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
Committee Report: Favorable
House action: Adopted
Read second time: February 22, 2025
CHAPTER ______
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 2 HOUSE BILL 179
Article – Criminal Law 1
Section 7–104.1 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2024 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Criminal Law 7
7–103. 8
(a) In this section, “value” means: 9
(1) the market value of the property or service at the time and place of the 10
crime; or 11
(2) if the market value cannot satisfactorily be ascertained, the cost of the 12
replacement of the property or service within a reasonable time after the crime. 13
(b) [The] EXCEPT AS PROVIDED IN § 7–104.1 OF THIS SUBTITLE , THE value 14
of property or service under this part shall be determined in accordance with this section. 15
(f) (1) When theft is committed in violation of this part under one scheme or 16
continuing course of conduct, whether from the same or several sources: 17
[(1)] (I) the conduct may be considered as one crime; and 18
[(2)] (II) the value of the property or services may be aggregated in 19
determining whether the theft is a felony or a misdemeanor. 20
(2) MULTIPLE THEFTS COMMI TTED BY THE SAME PER SON IN 21
MULTIPLE COUNTIES UN DER ONE SCHEME OR CO NTINUING COURSE OF C ONDUCT 22
MAY BE JOINED AND PROSECUTED IN AN Y COUNTY IN WHICH AN Y ONE OF THE 23
THEFTS OCCURRED . 24
7–104.1. 25
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(2) “ORGANIZED RETAIL THEF T” MEANS THE COMMISSION , EITHER 28
ALONE OR IN CONCERT WITH ONE OR MORE OTH ER PERSONS, OF A SERIES OF 29
THEFTS OF RETAIL MER CHANDISE FROM ONE OR MORE RETAIL MERCHANT S OVER 30
A 90–DAY PERIOD WITH THE INTENT TO: 31
HOUSE BILL 179 3
(I) PERMANENTLY DEPRIVE THE MERCHANT OF THE 1
MERCHANDISE ; 2
(II) RETURN THE MERCHANDI SE TO THE MERCHANT F OR 3
MONETARY OR OTHER GA IN; OR 4
(III) RESELL, TRADE, OR BARTER THE MERCHA NDISE FOR 5
MONETARY OR OTHER GA IN. 6
(3) (I) “VALUE” HAS THE MEANING STAT ED IN § 7–103 OF THIS 7
SUBTITLE. 8
(II) “VALUE” INCLUDES THE MARKET VALUE OF ANY PROPERT Y 9
DAMAGED IN FURTHERAN CE OF THE CRIME AND ANY COSTS TO REPAIR , REPLACE, 10
OR RESTOCK ANY DAMAG ED OR STOLEN PROPERT Y. 11
(B) A PERSON MAY NOT CO MMIT ORGANIZED RETAI L THEFT OF PROPERTY 12
WITH AN AGGREGATE VA LUE EXCEEDING $1,500. 13
(C) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION WITH A 14
VALUE OF: 15
(1) AT LEAST $1,500 BUT LESS THAN $25,000 IS GUILTY OF A FELON Y 16
AND: 17
(I) IS SUBJECT TO IMPRISONMENT NOT EXC EEDING 5 YEARS OR 18
A FINE NOT EXCEEDING $10,000 OR BOTH; AND 19
(II) SHALL RESTORE THE PR OPERTY TAKEN TO THE OWNER OR 20
PAY THE OWNER THE VA LUE OF THE PROPERTY OR SERVICES; 21
(2) AT LEAST $25,000 BUT LESS THAN $100,000 IS GUILTY OF A 22
FELONY AND: 23
(I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 10 YEARS 24
OR A FINE NOT EXCEED ING $15,000 OR BOTH; AND 25
(II) SHALL RESTORE THE PR OPERTY TAKEN TO THE OWNER OR 26
PAY THE OWNER THE VA LUE OF THE PROPERTY OR SERVICES; OR 27
(3) $100,000 OR MORE IS GUILTY OF A FELONY A ND: 28
(I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 20 YEARS 29
OR A FINE NOT EXCEED ING $25,000 OR BOTH; AND 30 4 HOUSE BILL 179
(II) SHALL RESTORE THE PR OPERTY TAKEN TO THE OWNER OR 1
PAY THE OWNER THE VA LUE OF THE PROPERTY OR SERVICES. 2
(D) (1) THIS SECTION DOES NOT PRECLU DE PROSECUTION FOR T HEFT 3
UNDER § 7–104 OF THIS SUBTITLE. 4
(2) IF A PERSON IS CONVIC TED UNDER § 7–104 OF THIS SUBTITLE 5
AND THIS SECTION FOR THE SAME ACTS OR TRA NSACTIONS, THE CONVICTION 6
UNDER THIS SECTION S HALL MERGE FOR SENTE NCING PUR POSES INTO THE 7
CONVICTION UNDER § 7–104 OF THIS SUBTITLE. 8
(E) (1) (I) IF A DEFENDANT IS CON VICTED OF OR RECEIVE S A 9
PROBATION BEFORE JUD GMENT DISPOSITION FO R THEFT UNDER § 7–104 OF THIS 10
SUBTITLE, BURGLARY UNDER § 6–203 OR § 6–205 OF THIS ARTICLE , ROBBERY 11
UNDER § 3–402 OR § 3–403 OF THIS ARTICLE , OR USE OF A FIREARM IN THE 12
COMMISSION OF A CRIM E OF VIOLENCE OR A F ELONY UNDER § 4–204 OF THIS 13
ARTICLE, ON REQUEST OF THE STATE’S ATTORNEY THE COURT SH ALL MAKE A 14
FINDING OF FACT BASE D ON EVIDENCE PRODUC ED AT TRIAL AS TO WHETHER THE 15
CRIME IS ORGANIZED R ETAIL THEFT. 16
(II) THE STATE HAS THE BURDEN OF PROVING BY A 17
PREPONDERANCE OF THE EVIDENCE THAT THE CR IME IS ORGANIZED RET AIL 18
THEFT. 19
(2) IF THE COURT FINDS TH AT THE CRIME IS ORGA NIZED RETAIL 20
THEFT UNDER PARAGRAP H (1) OF THIS SUBSECTION , THAT FINDING SHALL B ECOME 21
PART OF THE COURT RE CORD FOR PURPOSES OF REPORTING TO THE CRIMINAL 22
JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY UNDER § 10–215 OF THE 23
CRIMINAL PROCEDURE ARTICLE. 24
SECTION 2. AND BE IT FURTHER ENACTED, Tha t this Act shall take effect 25
October 1, 2025. 26