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ENGROSSED HOUSE
BILL NO. 1592 By: George and Turner of the
House
and
Weaver of the Senate
An Act relating to larceny; providing elements of
organized retail crime; providing penalties; amending
21 O.S. 2021, Section 425, which relates to patte rns
of criminal offenses; expanding scope of offense;
amending 21 O.S. 2021, Section 792, which relates to
robbery; deleting exception; amending 21 O.S. 2021,
Section 1731, as amended by Section 1, Chapter 176,
O.S.L. 2024 (21 O.S. Supp. 2024, Section 1731 ), which
relates to larceny of merchandise; modifying period
of aggregated offenses; amending Section 1 , Chapter
333, O.S.L. 2023 (21 O.S. Supp. 2024, Section 2200),
which relates to the Oklahoma Organized Retail Crime
Task Force; recreating Task Force; pr oviding for the
continuation of appointment selections; authorizing
the Office of the Attorney General to staff the task
force and employ task force officers; stating duties
of officers; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1731.2 of Title 21, unless there
is created a duplication in numbering, reads as follows:
A. Actions relating to theft, retail theft, or larceny shall
constitute organized retail crime when two or more of the following
circumstances occur:
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1. The property taken is intended for resale;
2. Such property is taken by two or more persons acting
jointly;
3. The persons taking the property do so while possessing tools
of theft including, but not limited to, tag cutters, foil -lined
bags, weapons, or other means of evading detection;
4. The persons taking the property attempt to exit through fire
escapes, employee exits, or other non -public means of entry or exit;
5. The persons taking such property have a means of getaway to
evade capture or arrest;
6. The persons taking such property remove, destroy,
deactivate, or knowingly evade any com ponent of an anti-shoplifting
or inventory control device to prevent the activation of that device
or to facilitate another person in committing retail crime;
7. A person receives, purchases, or possesses retail
merchandise for sale or resale knowing or believing the retail
merchandise was stolen from a retail merchant;
8. The persons use any container, device, or other article to
facilitate a retail crime;
9. The persons use the motor vehicle of another person or a
rented or stolen motor vehicle when co mmitting retail crime; or
10. The persons use a paper, fraudulent, altered, or obstructed
license plate, use a license plate meant for a different vehicle, or
do not have any license plate.
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B. Violations of this section shall be punished as follows:
1. In the event the value of the property is less than Fifteen
Thousand Dollars ($15,000.00), the person shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed five (5) years or in the county jail for a term
not to exceed one (1) year, or by a fine not to exceed One Thousand
Dollars ($1,000.00), or by both such imprisonment and fine; or
2. If the value of the property is Fifteen Thousand Dollars
($15,000.00) or more, the person shall be punished by imprisonment
in the custody of the Department of Corrections for a term not to
exceed eight (8) years, or by a fine not to exceed One Thousand
Dollars ($1,000.00), or by both such imprisonment and fine.
C. The person shall also be ordered to pay restitution to the
victim as provided in Section 991f of Title 22 of the Oklahoma
Statutes.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 425, is
amended to read as follows:
Section 425. A. Any person who engages in a pattern of
criminal offenses in two or more counties or municipalities in this
state or who attempts or conspires with others to engage in a
pattern of criminal offenses shall, upon conviction, be punishable
punished by imprisonment in the Department of Corrections for a term
not exceeding two (2) years, or imprisonment in the county jail for
a term not exceeding one (1) year, or by a fine in an amount not
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more than Twenty-five Thousand Dollars ($25,000.00), or by both such
fine and imprisonment. Such punishment shall be in addition to any
penalty imposed for any offense involved in the pattern of criminal
offenses. Double jeopardy shall attach upon conviction.
B. For purposes of this act, "pattern of criminal offenses"
means:
1. Two or more criminal offenses are committed that are p art of
the same plan, scheme, or adventure; or
2. A sequence of two or more of the same criminal offenses are
committed and are not separated by an interval of more than thirty
(30) days between the first and second offense, the second and
third, and so on; or
3. Two or more criminal offenses are committed, each proceeding
from or having as an antecedent element a single prior incident or
pattern of fraud, robbery, burglary, theft, identity theft, receipt
of stolen property, false personation, false prete nses, obtaining
property by trick or deception, taking a credit or debit card
without consent, or the making, transferring or receiving of a false
or fraudulent identification card.
C. Jurisdiction and venue for a pattern of criminal offenses
occurring in multiple counties in this state shall be determined as
provided in Section 1 125.1 of this act Title 22 of the Oklahoma
Statutes.
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SECTION 3. AMENDATORY 21 O.S. 2021, Section 792, is
amended to read as follows:
Section 792. To constitute robbery, the force or fear must be
employed either to obtain or retain possession of the property, or
to prevent or overcome resistance to the taking. If employed merely
as a means of escape, it does not constitute robbery.
SECTION 4. AMENDATORY 21 O.S. 2021, Section 1731, as
amended by Section 1, Chapter 176, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1731), is amended to read as follows:
Section 1731. A. Larceny of merchandise held for sale in
retail or wholesale establ ishments shall be punishable as follows:
1. For the first or second conviction, in the event the value
of the goods, edible meat, or other corporeal property which has
been taken is less than One Thousand Dollars ($1,000.00) Five
Hundred Dollars ($500.00) , the person shall be guilty of a
misdemeanor punishable by imprisonment in the county jail for a term
not exceeding thirty (30) days, and by a fine not less than Ten
Dollars ($10.00) nor more than Five Hundred Dollars ($500.00);
provided, for the first or second conviction, in the event more than
one item of goods, edible meat, or other corporeal property has been
taken, punishment shall be by imprisonment in the county jail for a
term not to exceed thirty (30) days, and by a fine not less than
Fifty Dollars ($50.0 0) nor more than Five Hundred Dollars ($500.00);
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2. For a third or subsequent conviction, in the event the value
of the goods, edible meat, or other corporeal property which has
been taken is less than One Thousand Dollars ($1,000.00) Five
Hundred Dollars ($500.00), the person shall be guilty of a
misdemeanor and shall be punished by imprisonment in the county jail
for a term not to exceed one (1) year, and by a fine not exceeding
One Thousand Dollars ($1,000.00);
3. In the event the value of the goods, e dible meat, or other
corporeal property is One Thousand Dollars ($1,000.00) Five Hundred
Dollars ($500.00) or more but less than Two Thousand Five Hundred
Dollars ($2,500.00), the person shall be guilty of a felony and
shall be punished by impriso nment in the custody of the Department
of Corrections for a term not to exceed two (2) years, and by a fine
not to exceed One Thousand Dollars ($1,000.00);
4. In the event the value of the goods, edible meat, or other
corporeal property is Two Thousand Five Hundre d Dollars ($2,500.00)
or more but less than Fifteen Thousand Dollars ($15,000.00), the
person shall be guilty of a felony and shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed five (5) years , and by a fine not to exceed One
Thousand Dollars ($1,000.00); or
5. In the event the value of the goods, edible meat, or other
corporeal property is Fifteen Thousand Dollars ($15,000.00) or more,
the person shall be guilty of a felony and shall be punished by
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imprisonment in the custody of the Department of Corrections for a
term not to exceed eight (8) years, and by a fine not to exceed One
Thousand Dollars ($1,000.00).
B. When three or more separate offenses under this section are
committed within a one-hundred-eighty-day one-year period, the value
of the goods, edible meat, or other corporeal property involved in
each larceny offense may be aggregated to determine the total value
for purposes of determining the appropriate punishment under this
section.
C. In the event any person engages in conduct that is a
violation of this section in concert with at least one other
individual, such person shall be liable for the aggregate value of
all items taken by all individuals. Such person may also be subject
to the penalties set forth in Section 421 of this title, which shall
be in addition to any other penalties provided for by law.
D. Any person convicted pursuant to the provisions of this
section shall also be ordered to pay restitution to the victim as
provided in Section 991f of Title 22 of the Oklahoma Statutes.
SECTION 5. AMENDATORY Section 1, Chapter 333, O.S.L.
2023 (21 O.S. Supp. 2024, Section 2200), is amended to read as
follows:
Section 2200. A. There is hereby created recreated, to
continue until June 1, 2026, the Oklahoma Organized Retail Crime
Task Force until December 31, 2024 . The purpose of the task force
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shall be to provide the Legislature and the Governor with
information on organized retail crime and the advantages and
drawbacks of instituting various countermeasures to counter losses
from retail theft in the state.
B. The task force shall consist of fifteen (15) members as
follows:
1. Three members, appointed by the Governor, one of whom shall
be an individual who represents state or local law enforcement;
2. Two members appointed by the President Pro Tempore of the
Oklahoma State Senate;
3. Two members appointed by the Speaker of the Oklahoma House
of Representatives;
4. One member appointed by the District Attorne ys Council;
5. One member appointed by the Oklahoma Retail Merchants
Association;
6. One member appointed by the State Chamber;
7. One member appointed by the Oklahoma Sheriffs’ Association;
8. One member appointed by the Oklahoma Association of Chiefs
of Police;
9. One member appointed by the Attorney General;
10. One member from the Convenience Distributors of Oklahoma;
and
11. One member from the Oklahoma Grocers Association.
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C. Quorum for official business of the task force shall be
eight members. A chairperson and a vice chairperson shall be
elected by a majority vote of the members of the task force.
D. Appointments to Members who were serving on the task force
as of December 31, 2024, shall automatically be made by the
appointing authority no later than sixty (60) days after the
effective date of this act on the Oklahoma Organized Retail Crime
Task Force. Appointed members shall, to the greatest extent
practicable, have by education or experience, knowledge of organized
retail theft. The ch air shall hold the first meeting of the task
force no later than ninety (90) days after the effective date of
this act. Any vacancies in the membership of the task force shall
be filled in the same manner provided for in the initial
appointment.
E. The members of the task force shall receive no compensation
but shall receive travel reimbursement for necessary travel expenses
incurred in the performance of their duties in accordance with the
State Travel Reimbursement Act. The task force shall be staffed by
the Senate Office of the Attorney General .
F. The task force may consult with any organization, government
entity, or person in the development of its report required pursuant
to the provisions of subsection G of this section.
G. On or before December 15, 2024 December 31, 2025, the task
force shall electronically submit to the Governor, the President Pro
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Tempore of the Oklahoma State Senate, the Oklahoma Speaker of the
House of Representatives, and the chairs of the House and Senate
committees that oversee public safety, a report containing, but not
limited to, the following information based on available data:
1. A review of laws and regulations on organized retail crime
used by other states, the federal government, and foreign countries
to regulate the marketplace;
2. The use of organized retail theft’s impact on state and
local tax receipts;
3. The need for interagency coordination of public education
and outreach and prevention programs for business owners; and
4. Legislative and regulatory reco mmendations, if any, to
increase transparency and security, enhance consumer protections,
prevent organized retail theft, and to address the long -term
economic impact related to the prevalence of organized retail crime.
H. The Office of the Attor ney General may employ, either
directly or through memorandums of understanding or cross -
deputization agreements, persons to serve as Oklahoma Organized
Retail Crime Task Force officers whose primary responsibility shall
be to prevent, respond to, investigate, and prosecute criminal
violations related to organized retail crime.
SECTION 6. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 5th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate