THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CALTAGIRONE, MARSICO, BAKER, BRENNAN, CARROLL, FAIRCHILD, FARRY, FLECK, GRELL, HALUSKA, HARHAI, HICKERNELL, JOSEPHS, KAUFFMAN, M. KELLER, KORTZ, KULA, MANN, MILLARD, MILLER, MILNE, MOUL, O'NEILL, PALLONE, PHILLIPS, PICKETT, READSHAW, SCAVELLO, SIPTROTH, SWANGER, TRUE, VEREB, SOLOBAY, VULAKOVICH, D. COSTA, DENLINGER, GEIST, STABACK, HESS, STEVENSON, GINGRICH, PYLE, CREIGHTON, PRESTON AND HARKINS, JUNE 16, 2009

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 23, 2009   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, prohibiting organized retail theft.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 3929.3  Organized retail theft.

(a)  Offense defined.--A person commits organized retail

theft if he:

(1)  Takes possession of, carries away, transfers or

causes to be carried away or transferred any quantity of

merchandise from a retailer for the purpose of selling the

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merchandise to a person in the business of buying or selling

stolen property displayed, held, stored or offered for sale

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by any store or other retail mercantile establishment with

the intention of depriving the merchant of the possession,

use or benefit of such merchandise without paying the full

retail value thereof and for the purpose of selling the

merchandise to a person in the business of buying or selling

stolen property.

(2)  Is employed by or associates with any organized

retail theft enterprise, or conducts or participates,

directly or indirectly, in the activities of such enterprise.

(3)  Organizes, coordinates, controls, supervises,

finances or manages the activities of an organized retail

theft enterprise.

(4)  Acquires or maintains, directly or indirectly, any

interest in any organized retail theft enterprise.

(5)  Conspires to violate, or solicits another person to

violate, any of the provisions of paragraph (1), (2), (3) or

(4).

(b)  Grading.--Organized retail theft constitutes a:

(1)  Felony of the third degree when the offense is a

violation of subsection (a)(1), (2), (4) or (5).

(2)  Felony of the second degree when the offense is a

violation of subsection (a)(3).

(c)  Definition.--For the purposes of this section, the term

"organized retail theft enterprise" shall mean a partnership,

corporation, association or other legal entity, or a union or

group of two or more individuals associated in fact although not

a legal entity, including legitimate as well as illegitimate

entities, whose association is for the purpose of engaging in a

violation of the provisions of section 3925 (relating to

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

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