AB 56

Under current law, the penalty for retail theft varies according to the value of

the merchandise taken. Retail theft is a Class G felony if the value of the

merchandise is more than $10,000, a Class H felony if the value of the merchandise

is more than $5,000 but not more than $10,000, a Class I felony if the value of the

merchandise is more than $2,500 but not more than $5,000, and a Class A

misdemeanor if the value of the merchandise is not more than $2,500. This bill

changes the penalties so that retail theft is a Class I felony if the value of the

merchandise is more than $1,500 but not more than $5,000. Retail theft of

merchandise with a value that is not more than $1,500 remains a Class A

misdemeanor unless the actor acts with another to commit the theft and the actor

has the intent to sell the merchandise by means of the Internet, and then the theft

is a Class I felony.

Felony retail theft, including the felonies this bill creates, is a racketeering

activity; a person may be convicted of engaging in organized crime, which is a Class

E felony, if the person participates as part of an enterprise in committing at least

three incidents of racketeering activities that have similar intents, results,

accomplices, victims, or methods of commission.

The bill also requires a person selling certain merchandise at a flea market or

similar facility to have proof that the person owns the merchandise and to make the

proof available to a law enforcement officer for inspection. The merchandise covered

by the bill's requirements includes baby food, cosmetics, drugs, infant formula, and

batteries. Under the bill, "proof of ownership" means all of the following: 1) the

name, address, and telephone number of the supplier of the merchandise; 2) the

name and address of the person that received the merchandise; and 3) a description

of the merchandise. Violators are subject to a fine up to $500, up to 30 days'

imprisonment, or both.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.