Lawmakers Pass Organized Retail Theft Bill

Retail theft in the Baltimore Washington Metro area has reached critical levels over the past few years, and has resulted in numerous store closings in high crime areas.  This trend has also contributed to price increases and a general sense of uneasiness for store employees and shoppers alike.  The trend has not gone unnoticed, and this year lawmakers have decided to fight back by passing a bill targeting organized retail theft.  Senate Bill 11 was a major priority for Annapolis lawmakers and it will likely be signed by the governor and become state law on October 1.  Organized retail theft is defined as the commission of a series of thefts of retail merchandise over a 90-day period with the intent to permanently deprive the owner of said merchandise.  It can be committed by one person or a group of persons acting under the same scheme or plan.  The kicker is that if the thefts are committed across multiple jurisdictions the State can add the total value of the alleged thefts when considering which charges to file.  Currently retail thefts committed in two separate counties would have to be charged in two separate cases.  If the value of each theft was less than $1,500 the defendant would face two misdemeanor offenses with a 6-month maximum sentence.  Come October, this same defendant could face felony organized retail theft charges in either county (but not both), which would carry up to five years in prison.

The penalties for theft have decreased over the last several years, as the legislature has increased the threshold for a felony from over $1,000 to over $1,500.  Lawmakers have also reduced the penalty for misdemeanor theft from 18 months to 6 months.  Shoplifting under $100 maintained its 90-day maximum penalty.  Currently Maryland Criminal Law Section 7-104 provides enhanced penalties for repeat offenders, but unlike many other repeat offender provisions, the theft enhancement only comes into play for a person with 4 or more prior convictions.  Under this rare circumstance the penalty for misdemeanor theft over $100 but less than $1,500 jumps to 5 years in prison provided the State serves the defendant or the attorney at least 15 days before trial.

Past reductions in theft penalties may not have made a material contribution to the rise in organized retail theft, but lawmakers may be regretting the recent trend nonetheless.  It remains to be seen how often the State will prosecute defendants under the new organized retail theft law, as it would require communication between multiple law enforcement agencies and prosecutor’s offices.  In other words, the enforcement would have to be more organized than the criminal acts.  It will be interesting to see how long it takes for the first prosecution to occur, as we still think this provision would be rather rare.  We are not saying this bill is merely a nice headline for lawmakers, but there is a real chance it ends up being a paper tiger when it’s all said and done.

The Blog will continue to follow this bill and other criminal law bills as the governor is preparing for ceremonial signatures.  One other criminal bill expected to become law in October is a provision raising the maximum penalty to 1 year in jail up from 90 days for certain animal cruelty offenses.  We may post a follow up on this new law and any other theft laws in the near future so stay tuned.  If you have been charged with a crime, contact Maryland theft lawyer Benjamin Herbst anytime for a free consultation.  Benjamin specializes in first offense shoplifting cases under criminal law 7-104 and has extensive experience representing defendants in complex theft scheme felonies such as embezzlement, employee theft and theft of government property.  Benjamin is available anytime at 410-207-2598 for a free consultation.

Resources:

Senat Bill 11, mgaleg.maryland.gov.