If enacted, SB2349 will redefine and expand the scope of organized retail theft under state law. This includes the establishment of what constitutes an organized retail theft enterprise, which is defined as an association of two or more individuals processing merchandise of value with the intention of causing financial harm to victims. The bill imposes severe penalties, including potential felony convictions, significant fines, and imprisonment, reinforcing the state's commitment to tackling organized retail crime vigorously.
Summary
Senate Bill 2349 aims to amend Sections 97-43-3 and 97-43-3.1 of the Mississippi Code of 1972, focusing primarily on revising the definitions associated with organized retail theft and organized retail theft enterprises. The bill seeks to clarify the legal framework around organized retail theft, defining it as a systematic scheme involving the unlawful acquisition or selling of retail merchandise. This proposed amendment is a response to growing concerns about retail crime and aims to enhance law enforcement's ability to combat such activities.
Contention
Despite its intended goals, there are points of contention surrounding SB2349. Critics may argue that the broad definitions and severe penalties could lead to overreach and unjust prosecution for minor infractions. This could disproportionately affect certain communities and small businesses who may inadvertently fall afoul of the new definitions or are involved in innocuous retail practices. Additionally, there may be concerns that the bill does not sufficiently address prevention strategies for the underlying causes of organized retail theft.
Creating the crime of organized retail crime, providing criminal penalties for violation thereof, increasing the criminal penalties for theft of certain property, including organized retail crime in the definition of racketeering activity under the Kansas racketeer influenced and corrupt organization act and authorizing the attorney general to prosecute crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.
Senate Substitute for HB 2144 by Committee on Judiciary - Creating the crimes of encouraging suicide and organized retail crime, providing criminal penalties for violation thereof, including organized retail crime in the definition of racketeering activity under the Kansas racketeer influenced and corrupt organization act and authorizing the attorney general to prosecute specified crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.