The House Courts & Criminal Code Committee heard Rep. Negele’s HB 1209 on organized retail theft. This bill defines a new level 5 felony offense of organized retail theft as to knowingly:
- take, procure, receive, conceal, or otherwise exercise control over merchandise of a retail merchant; or
- use an artifice, an instrument, a container, a device, or another article to facilitate taking, procuring, receiving, concealing, or exercising control over merchandise of a retail merchant;
without the consent of the retail merchant or without paying the appropriate consideration for the merchandise, and with the intent to sell, deliver, or distribute the merchandise to another person.
It also allows property with a retail or repurchase value of at least $100 that is stolen during the commission of the crime of organized retail theft to be seized and forfeited. The bill allows a victim of the crime of organized retail theft to receive treble damages in a civil action concerning the crime and adds organized retail theft to the list of crimes considered racketeering activity under the law concerning racketeer influenced and corrupt organizations.
Representatives of the Indiana Retail Council, Walmart, Lowes Home Improvement and the Indiana Prosecuting Attorneys Counsel testified in support of the bill. The bill passed 9-0.
Read the bill at: https://iga.in.gov/legislative/2017/bills/house/1209