Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0240 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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8		-	~tate of \ltennessee
9		-	PUBLIC CHAPTER NO. 89
10		-	HOUSE BILL NO. 207
11		-	By Representatives Zachary, Lamberth, Sherrell, Capley, Scarbrough, Littleton,
12		-	Alexander, Vital, Gant, Hardaway, Hawk, Cochran, Gillespie, Howell, Moody, Mitchell
13		-	Substituted for: Senate Bill No. 240
14		-	By Senators Taylor, Gardenhire, Lowe, Rose, Walley
15		-	AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, relative to
16		-	organized retail crime.
	1	+
	2	+	HOUSE BILL 207
	3	+	By Zachary
	4	+
	5	+	SENATE BILL 240
	6	+	By Taylor
	7	+
	8	+
	9	+	SB0240
	10	+	001172
	11	+	- 1 -
	12	+
	13	+	AN ACT to amend Tennessee Code Annotated, Title 39,
	14	+	Chapter 14, relative to organized retail crime.
	15	+
17	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18		-	SECTION 1. Tennessee Code Annotated, Section 39-14-113(c), is amended by adding
	17	+	SECTION 1. Tennessee Code Annotated, Section 39-14-113(c)(1), is amended by
	18	+	deleting "aggregated over a ninety-day period" and substituting "aggregated over a one-
	19	+	hundred-eighty-day period".
	20	+	SECTION 2. Tennessee Code Annotated, Section 39-14-113(c), is amended by adding
19	21		the following as new subdivisions:
20	22		(3) Knowingly removes, destroys, deactivates, or evades any component of an
21	23		anti-shoplifting or inventory control device to prevent the activation of that device or to
22	24		facilitate the commission of an offense under this subsection (c);
23	25		(4) Knowingly activates or interferes with a fire alarm system during the
24	26		commission of an offense under this subsection (c) or to facilitate the commission of an
25	27		offense under this subsection (c);
26	28		(5) Knowingly uses an online marketplace or a social media platform to
27	29		coordinate a meeting with one (1) or more individuals to sell, barter, or trade stolen
28	30		merchandise for monetary or other gain;
29	31		(6) Knowingly returns stolen merchandise or counterfeit merchandise to a retail
30	32		merchant;
31		-	(7) Receives, purchases, or possesses retail merchandise for the purpose of sale
32		-	or resale knowing or believing the merchandise to be stolen from a merchant;
	33	+	(7) Receives, purchases, or possesses retail merchandise for the purpose of
	34	+	sale or resale knowing or believing the merchandise to be stolen from a merchant;
	35	+
	36	+
	37	+	- 2 - 001172
	38	+
33	39		(8) Knowingly uses any artifice, instrument, container, device, or other article to
34	40		facilitate the commission of an offense under this subsection (c);
35	41		(9) Knowingly uses a device or apparatus, including, but not limited to, a device
36	42		or apparatus that can be affixed to point-of-sale terminals, automated teller machines,
37	43		fuel pumps, and other payment processing devices, unlawfully to capture, record, or
38	44		transmit the electronic information contained on the magnetic strip or embedded chip of
39	45		a credit card, debit card, or other payment device with the intent to defraud another; or
40	46		(10) Knowingly possesses, controls, or has custody of ten (10) or more
41	47		fraudulently obtained access devices, including gift cards, with the intent to defraud
42	48		another. As used in this subdivision (c)(10), "access devices" means any card, plate,
43	49		code, account number, electronic serial number, mobile identification number, personal
44	50		identification number, or other means of account access that can be used, alone or in
45	51		conjunction with another access device, to obtain money, goods, services, or other thing
46	52		of value, whether the device is physical or digital.
47		-	SECTION 2. Tennessee Code Annotated, Section 39-14-113(d), is amended by adding
	53	+	SECTION 3. Tennessee Code Annotated, Section 39-14-113(d), is amended by adding
48	54		the following as a new subdivision:
49	55		(3) A violation of subsection (c) is punished one (1) classification higher than
50	56		provided in § 39-14-105 if the defendant engages in the destruction of property or uses a
51	57		weapon during the commission of the offense.
52		-	SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it. HOUSE BILL NO. 207
53		-	PASSED: March 17, 2025
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55		-	c__
56		-	CAMERON SEXTON, SPEAKER
57		-	HOUSE OF REPRESENTATIVES
58		-	-~►♦ ❉夈 \..'>,,\4\_.
59		-	- ---_ RANDY rkNALLY
60		-	SPEAKER OF THE SENATE
61		-	APPROVED this :)tStJ_ day of (V)Q\lrc,h 2025
62		-	&tu
63		-	BILL LEE, GOVERNOR
	58	+	SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.