SENATE AMENDED

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, HARKINS, MARSHALL, MENSCH AND HARHART, JUNE 16, 2009

SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, MARCH 16, 2010   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, prohibiting in theft and related

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offenses, providing for the offense of 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:

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

causes to be carried away or transferred any quantity of

merchandise displayed, held, stored or offered for sale 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; or

(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).

the person organizes, coordinates, controls, supervises,

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finances or manages any of the activities of an organized retail

theft enterprise.

(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 but not more than

$19,999, 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, the offense is a felony

of the second degree.

(c)  Definitions.--The following words and phrases when used

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).

"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.