In a clear sign that states remain committed to stopping organized retail crime (ORC), three more states enacted bills this month that strengthen penalties for offenders and expand law enforcement’s ability to bring down criminal networks. Maryland, Montana and Nebraska join six other states this legislative session that have enacted bills targeting retail theft gangs. Overall, 31 states have considered a total of 74 bills related to ORC this year alone.
In Maryland, SB 11 and HB 179 allow prosecutors to charge offenders for the total value of stolen goods across multiple jurisdictions. Previously, a thief could steal up to $1,500 in multiple counties and receive a misdemeanor charge, which in Maryland would not have required that the offender receive jail time.
Meanwhile, Montana Governor Greg Gianfort (R) signed a bill (SB 19) making theft under $1,500 a punishable offense by fine, jail time, or both. The law also increases fines for both first- and second-time theft offenders from $500 to $1,500 and allows prosecutors to seek a jail sentence of up to six months.
Nebraska lawmakers included two provisions in LB 559 that establish the offense and penalties for organized retail crime. The Nebraska law also allows a series of transactions or occurrences of retail theft to be aggregated into one retail merchandise value.
A few ORC bills in Texas and Oklahoma could also be enacted this session. Lawmakers in Austin have sent the Governor legislation (SB 1300 and HB 3167) that increases criminal penalties for theft offenders and broadens the definition of retail theft to include acts such as coordinated stealing and overwhelming security.
In Oklahoma, Attorney General Gentner Drummond has called on the Legislature to override the Governor’s veto of HB 1592, a bill that would extend the life of the statewide ORC Task Force. In his veto message on HB 1592, Governor Kevin Stitt (R) was concerned about turning the task force into another permanent government agency. The House and Senate each need two-thirds of their members to override a veto.
