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Oklahoma House Bill HB1592

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1592 Compare Versions

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29-SENATE FLOOR VERSION
30-April 22, 2025
28+STATE OF OKLAHOMA
3129
30+1st Session of the 60th Legislature (2025)
3231
3332 COMMITTEE SUBSTITUTE
3433 FOR ENGROSSED
35-HOUSE BILL NO. 1592 By: George, Turner, Cantrell,
34+HOUSE BILL 1592 By: George, Turner, Cantrell,
3635 and Wolfley of the House
3736
3837 and
3938
4039 Weaver and Hamilton of the
4140 Senate
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45+
46+COMMITTEE SUBSTITUTE
4647
4748 An Act relating to larceny; providing elements of
4849 organized retail crime; providing penalties; amending
4950 21 O.S. 2021, Section 425, which relates to patterns
5051 of criminal offenses; expanding scope of offense;
5152 amending 21 O.S. 2021, Section 792, which relates t o
5253 robbery; deleting exception; amending Section 1,
5354 Chapter 333, O.S.L. 2023 (21 O.S. Supp. 2024, Section
5455 2200), which relates to the Oklahoma Organized Retail
5556 Crime Task Force; recreating task force; providing
5657 for the continuation of appointment selections;
5758 authorizing the Office of the Attorney General to
5859 staff the task force and employ task force officers;
5960 stating duties of officers; updating statutory
6061 language; updating statutory references; providing
6162 for codification; and providing an effective date.
6263
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6766 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6867 SECTION 1. NEW LAW A new sectio n of law to be codified
6968 in the Oklahoma Statutes as Section 1731.2 of Title 21, unless there
7069 is created a duplication in numbering, reads as f ollows:
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9896 A. Actions relating to theft, retail theft, or larceny shall be
9997 sufficient to constitute organized retail crime when two or more of
10098 the following circumstances occur :
10199 1. The property taken is intended for resale;
102100 2. Such property is taken by two or more persons acting
103101 jointly;
104102 3. The persons taking the property do so while possessing tools
105103 of theft including, but not limited to, tag cutters, foil -lined
106104 bags, weapons, or other means of evading detection;
107105 4. The persons taking the property attemp t to exit through fire
108106 escapes, employee exits, or other non -public means of entry or exit;
109107 5. The persons taking such property remove, destroy,
110108 deactivate, or knowingly evade any component of an anti -shoplifting
111109 or inventory control device to prevent the activation of that device
112110 or to facilitate another person in committing retail crime;
113111 6. A person receives, purc hases, or possesses retail
114112 merchandise for sale or resale knowing or believing the retail
115113 merchandise was stolen from a retail merchant;
116114 7. The persons use a getaway driver or the motor vehicle of
117115 another person or a rented or stolen motor vehicle when committing
118116 retail crime; or
119117 8. The persons use a paper, fraudulent, altered, or obstructed
120118 license plate, use a license plate meant for a d ifferent vehicle, or
121119 do not have any license plate.
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149146 B. Any person found to be in v iolation of this section shall be
150147 punished as follows:
151148 1. In the event the value of the property is less than Fifteen
152149 Thousand Dollars ($15,000.00), the person shall be punishe d by
153150 imprisonment in the custody of the Department of Corrections for a
154151 term not to exceed five (5) years or in the county jail for a term
155152 not to exceed one (1) year, or by a fine not to exceed One Thousand
156153 Dollars ($1,000.00), or by both such imprisonment and fine; or
157154 2. If the value of the property is Fifteen Thousand Dollars
158155 ($15,000.00) or more, the person shall be punished by imprisonment
159156 in the custody of the Department of Corrections for a term not to
160157 exceed eight (8) years, or by a fine not to exce ed One Thousand
161158 Dollars ($1,000.00), or by both such imprisonment and fine.
162159 C. The person shall also be ordered to pay restitution to the
163160 victim as provided in Section 991f of Title 22 of the Oklahoma
164161 Statutes.
165162 SECTION 2. AMENDATORY 21 O.S. 2021, Section 425, is
166163 amended to read as follows:
167164 Section 425. A. Any per son who engages in a patter n of
168165 criminal offenses in two or more counties or municipalities in this
169166 state or who attempts or conspires with others to engage in a
170167 pattern of criminal offenses shall, upon conviction, be punishable
171168 punished by imprisonment in the Department of Corrections for a term
172169 not exceeding two (2) years, or imprisonment in the county jail for
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200196 a term not exceeding one (1) year, or by a fine in an amount not
201197 more than Twenty-five Thousand Dollars ($25,000.00), or by both such
202198 fine and imprisonment. Such punishment shall be in addition to any
203199 penalty imposed for any offense involved in the pattern of criminal
204200 offenses. Double jeopardy shall attach upon conviction.
205201 B. For purposes of this act this section and Section 125.1 of
206202 Title 22 of the Oklahoma Statutes , “pattern of criminal offenses ”
207203 means:
208204 1. Two or more criminal offenses are committed that are part of
209205 the same plan, scheme, or adventure; or
210206 2. A sequence of two or more of the same criminal offenses are
211207 committed and are not sepa rated by an interval of mor e than thirty
212208 (30) days between the first and second offense, the second and
213209 third, and so on; or
214210 3. Two or more criminal offenses are commit ted, each proceeding
215211 from or having as an antecedent element a single prior incident or
216212 pattern of fraud, robbery, burglary, theft, identity theft, receipt
217213 of stolen property, false personation, false pretenses, obtaining
218214 property by trick or deception, ta king a credit or debit card
219215 without consent, or the making, transferring , or receiving of a
220216 false or fraudulent id entification card.
221217 C. Jurisdiction and venue for a pattern of criminal offenses
222218 occurring in multiple counties in this state shall be determi ned as
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250245 provided in Section 1 125.1 of this act Title 22 of the Oklahoma
251246 Statutes.
252247 SECTION 3. AMENDATORY 21 O.S. 2021, Section 792, is
253248 amended to read as follows:
254249 Section 792. To constitute robbery, the force or fear must be
255250 employed either to obtain or retain possession of the property, or
256251 to prevent or overcome re sistance to the taking. If employed merely
257252 as a means of escape, it does not constitute robbery.
258253 SECTION 4. AMENDATORY Section 1, Chapter 333, O.S.L.
259254 2023 (21 O.S. Supp. 2024, Section 2200), is amended to read as
260255 follows:
261256 Section 2200. A. There is hereby created recreated, to
262257 continue until June 1, 2026, the Oklahoma Organized Retail Crime
263258 Task Force until December 31, 2024 . The purpose of th e task force
264259 shall be to provide the Legislature and the Governor with
265260 information on organized retail crime and t he advantages and
266261 drawbacks of instituting various countermeasures to counter losses
267262 from retail theft in the state.
268263 B. The task force shall consist of fifteen (15) members as
269264 follows:
270265 1. Three members, appointed by the Governor, one of whom shall
271266 be an individual who represents state or local law enforcement;
272267 2. Two members appointed by the President Pro Tempore of the
273268 Oklahoma State Senate;
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301295 3. Two members appointed by the Speaker of the Oklahoma House
302296 of Representatives;
303297 4. One member appointed by th e District Attorneys Council;
304298 5. One member appointed by the Oklahoma Retail Merchants
305299 Association;
306300 6. One member appointed by the State Cha mber;
307301 7. One member appointed by the Oklahoma Sheriffs ’ Association;
308302 8. One member appointed by the Oklahoma Association of Chiefs
309303 of Police;
310304 9. One member appointed by the Attorney General;
311305 10. One member from the Convenience Distributors of Oklahoma;
312306 and
313307 11. One member from the Oklahoma Grocers Association.
314308 C. Quorum for official bus iness of the task force sha ll be
315309 eight members. A chairperson and a vice chairperson shall be
316310 elected by a majority vote of the members of the task force.
317311 D. Appointments to Members who were serving on the task force
318312 as of December 31, 2024, shall automatically be made by the
319313 appointing authority no later than sixty (60) days after the
320314 effective date of this act on the Oklahoma Organized Retail Crime
321315 Task Force. Appointed members shall, to the greatest extent
322316 practicable, have by education or experience, knowledge of organized
323317 retail theft. The chair shall hold the first meeting of the task
324318 force no later than ninety (90) days after the effective date of
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352345 this act June 6, 2023. Any vacancies in the membership of the task
353346 force shall be filled in the same manner provided for in the initial
354347 appointment.
355348 E. The members of the task force shall receive no compensation
356349 but shall receive travel reimbursement for necessary tra vel expenses
357350 incurred in the performance of their duties in accordance with the
358351 State Travel Reimbursement Act. T he task force shall be staffed by
359352 the Senate Office of the Attorney General .
360353 F. The task force may consult with any organization, government
361354 entity, or person in the development of its report required pursuant
362355 to the provisions of subsection G of this section.
363356 G. On or before December 15, 2024 December 31, 2025, the task
364357 force shall electronically submit to the Governor, the President Pro
365358 Tempore of the Oklahoma State Senate, the Oklahoma Speaker of the
366359 House of Representatives, and the chairs of the Hous e and Senate
367360 committees that oversee public safety, a report containing, but not
368361 limited to, the following information based on available data :
369362 1. A review of laws and regulations on organized retail crime
370363 used by other states, the federal government, and foreign countries
371364 to regulate the marketplace;
372365 2. The use of organized retail theft ’s impact on state and
373366 local tax receipts;
374367 3. The need for interagency coordination of public education
375368 and outreach and prevention programs fo r business owners; and
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403395 4. Legislative and regulatory recommendations, if any, to
404396 increase transparency and security, enhance consumer protections,
405397 prevent organized ret ail theft, and to address the long -term
406398 economic impact related to the prevalence of organized retail crime.
407399 H. The Office of the Attorney General may employ, either
408400 directly or through memorandums of understanding or cross -
409401 deputization agreements, person s to serve as Oklahoma Organized
410402 Retail Crime Task Force officers whose primary respons ibility shall
411403 be to prevent, respond to, investigate, and prosecute criminal
412404 violations related to organized retail crime.
413405 SECTION 5. This act shall become effective November 1, 2025.
414-COMMITTEE REPORT BY: COM MITTEE ON PUBLIC SAFETY
415-April 22, 2025 - DO PASS AS AMENDED BY CS
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