SENATE BILL REPORT

SB 6504

BYSenators McCaslin, Thorsness and Craswell

Clarifying provisions relating to shoplifting.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 1, 1990

Senate Staff:Jon Carlson (786-7459)

AS OF JANUARY 31, 1990

BACKGROUND:

A person who takes goods or merchandise from a store or mercantile establishment without intending to pay for the items is subject to civil liability, in addition to any criminal charges that may be prosecuted.  The civil liability includes actual damages, a penalty in the amount of the retail value not to exceed $1000, an additional penalty of not less than $100 nor more than $200, plus the owner's reasonable attorney's fees and court costs.

In some cases, individuals who suffer from memory loss or an organic mental disorder may approach the store's exit before remembering that they have unpaid items in their possession.  Under the current law, they may be subject to civil and criminal penalties before they actually leave the store.

SUMMARY:

A person who takes goods from a store or other mercantile establishment without paying for the items must actually leave the store or establishment before he or she is subject to civil liability.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested