Regular Session 2023-2024 Senate Bill 0596 P.N. 0595

PRINTER'S NO. 595

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

596

Session of

2023

INTRODUCED BY ARGALL, STEFANO, BARTOLOTTA, AUMENT, REGAN AND

COSTA, APRIL 17, 2023

REFERRED TO JUDICIARY, APRIL 17, 2023

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in theft and related offenses, further

providing for the offense of organized retail theft;

establishing the Office of Deputy Attorney General for

Organized Retail Crime Theft; and making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3929.3(b) and (c) of Title 18 of the

Pennsylvania Consolidated Statutes are amended and the section

is amended by adding a subsection to read:

§ 3929.3. Organized retail theft.

* * *

(b) Grading.--

(1) If the retail value of the stolen merchandise in the

possession of or under the control of the organized retail

theft enterprise is at least [$5,000] $300, but not more than

[$19,999] $1,199, the offense is a felony of the third

degree.

(2) If the retail value of the stolen merchandise in the

possession of or under the control of the organized retail

theft enterprise is at least [$20,000] $1,200, the offense is

a felony of the second degree.

(b.1) Office of Deputy Attorney General for Organized Retail

Crime Theft.--

(1) The Office of Deputy Attorney General for Organized

Retail Crime Theft is established and shall include five

prosecuting attorneys to have geographically concurrent

jurisdiction in this Commonwealth. The following shall be the

geographic districts of the prosecuting attorneys:

(i) District 1 shall include Bucks, Chester,

Delaware, Montgomery and Philadelphia Counties.

(ii) District 2 shall include Berks, Bradford,

Carbon, Columbia, Lackawanna, Lehigh, Luzerne, Lycoming,

Monroe, Montour, Northampton, Northumberland, Pike,

Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union,

Wayne and Wyoming Counties.

(iii) District 3 shall include Adams, Bedford,

Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon,

Juniata, Lancaster, Lebanon, Mifflin, Perry and York

Counties.

(iv) District 4 shall include Armstrong, Butler,

Cameron, Centre, Clarion, Clearfield, Clinton, Crawford,

Elk, Erie, Forest, Indiana, Jefferson, Lawrence, McKean,

Mercer, Potter, Venango and Warren Counties.

(v) District 5 shall include Allegheny, Beaver,

Cambria, Fayette, Greene, Somerset, Washington and

Westmoreland Counties.

(2) Each prosecuting attorney may have no more than two

special agents employed to assist with the duties under this

20230SB0596PN0595 - 2 -

subsection.

(3) The sum of $2,000,000 is appropriated from the

General Fund to the Office of Attorney General to be used by

the Office of Deputy Attorney General for Organized Retail

Crime Theft for duties under this subsection.

in this section shall have the meanings given to them in this

subsection:

"Merchandise." Any goods, chattels, foodstuffs or wares of

any type and description, regardless of the value thereof.

"Merchant." An owner or operator of a retail mercantile

establishment or an agent, employee, lessee, consignee, officer,

director, franchise or independent contractor of such owner or

operator.

"Organized retail theft enterprise." A corporation,

partnership or any other type of association, whether or not

legally formed, operated for the purpose of engaging in

violations of the provisions of section 3925 (relating to

receiving stolen property) or 3929 (relating to retail theft)

with intent to resell or re-enter the merchandise into commerce.

"Retail value." A merchant's stated or advertised price of

merchandise. If merchandise is not traceable to a specific

merchant, the stated or advertised price of the merchandise by

merchants in the same geographical region.

Section 2. This act shall take effect in 60 days.

20230SB0596PN0595 - 3 -