FINAL BILL REPORT

SB 5632

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: A new form of theft, commonly referred to as a flash mob or flash rob, is becoming more prevalent across the United States. When this occurs, a large group of people flood a retail store and steal goods. Because of the mass number of people that enter the store at once, the retail staff usually cannot do anything to prevent or stop the theft. Many businesses have suffered monetary loss and property damage as a result of this type of organized retail theft. These stores include kiosks, convenient stores, grocery stores, high-end boutiques, and large department stores. Social media and other forms of electronic communication are a way in which people organize this type of theft.

Under current law, a person can be charged with organized retail theft if the person: (1) commits theft of property with a value of at least $750 from a mercantile establishment with an accomplice; (2) possesses stolen property with a value of at least $750 from a mercantile establishment with an accomplice; or (3) commits theft of property with a cumulative value of at least $750 from one or more mercantile establishments within a period of 180 days.

Organized retail theft in the first degree, which is a Class B felony, requires that the property stolen or possessed has a value of $5,000 or more. Organized retail theft in the second degree, which is a Class C felony, requires that the property stolen or possessed has a value of at least $750 but less that $5,000. A series of organized retail thefts from one or more mercantile establishments committed by the same person over a period of 180 days may be aggregated into one count, and the sum of the value of all the property must be the value considered in determining the degree of the organized retail theft involved. The mercantile establishment whose property was stolen can request that the charge is aggregated with other thefts of property.

Summary: A person can be charged with organized retail theft if the person commits theft of property with a cumulative value of at least $750 from a mercantile establishment with at least six accomplices and the person makes or sends at least one electronic communication seeking participation in the theft in the course of planning or committing the theft. Electronic communication is defined as the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. This includes, but is not limited to, electronic mail, internet-based communication, pager service, and electronic text messaging.

When this type of organized retail theft occurs, thefts committed by the principal and accomplices may be aggregated into one count and the value of all the property must be the value considered in determining the degree of organized retail theft involved.

Votes on Final Passage:

Senate	27	22
House	95	2	(House amended)
Senate	43	5	(Senate concurred)