HOUSE AMENDED
PRIOR PRINTER'S NOS. 595, 1146, 1232
PRINTER'S NO. 1266
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
596
Session of
2023
INTRODUCED BY ARGALL, STEFANO, BARTOLOTTA, AUMENT, REGAN, COSTA,
FARRY AND BROOKS, APRIL 17, 2023
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 10, 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; and
establishing the Office of Deputy Attorney General for
Organized Retail Crime Theft.
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 subsections 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] $1,000, but not
more than [$19,999] $4,999, the offense is a felony of the
third degree.
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(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] $5,000, but not more
than $19,999, the offense is a felony of the second degree.]
(3) 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 first degree.
(3) IF THE RETAIL VALUE OF THE STOLEN MERCHANDISE IN THE
POSSESSION OF OR UNDER THE CONTROL OF THE ORGANIZED RETAIL
THEFT ENTERPRISE IS LESS THAN $2,000, THE OFFENSE IS A
MISDEMEANOR OF THE FIRST DEGREE.
(4) IF THE RETAIL VALUE OF THE STOLEN MERCHANDISE IN THE
POSSESSION OF OR UNDER THE CONTROL OF THE ORGANIZED RETAIL
THEFT ENTERPRISE IS $2,000 OR MORE, THE OFFENSE IS A FELONY
OF THE SECOND DEGREE.
(b.1) Enforcement.--
(1) The district attorneys of the several counties shall
have authority to investigate and to institute criminal
proceedings for a violation of this section.
(2) In addition to the authority conferred upon the
Attorney General by the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act, the
Attorney General shall have the authority to investigate and
to institute criminal proceedings for a violation of this
section or a series of related violations involving more than
one county of this Commonwealth or involving a county of this
Commonwealth and another state.
(3) No person charged with a violation of this section
by the Attorney General shall have standing to challenge the
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authority of the Attorney General to investigate or prosecute
the case and, if a challenge is made, the challenge shall be
dismissed and no relief shall be available in the courts of
the Commonwealth to the person.
(b.2) Office of Deputy Attorney General for Organized Retail
Crime Theft.--
(1) The Office of Deputy Attorney General for Organized
Retail Crime Theft is established AT SUCH TIME AS THE GENERAL
ASSEMBLY APPROPRIATES MONEY SPECIFICALLY FOR THE OFFICE 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
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Westmoreland Counties.
(2) Each prosecuting attorney may have no more than two
special agents employed to assist with the duties under this
subsection.
(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)
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 July 1, 2024, or
immediately, whichever is later.
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