Organized Retail Crime - Legislation and Policy

Federal

In November 2010, H.R. 5932, the Organized Retail Theft Investigation and Prosecution Act of 2010, passed in the House of Representatives. This bill would have protected both retailers and consumers against the massive economic costs and very real public health and safety risks posed by organized retail crime. Establishing a team of law enforcement professionals dedicated to fighting these crimes and working in close consultation with retailers shows the importance of this issue to industry, consumers and law enforcement, and serves as an important deterrent to perpetrators.  The new Congressional session started in January 2011 and NRF is working with members of Congress to explore similar legislation this year.

States

Texas: H.B. 2482, if passed by the full legislature, would remove the minimum threshold value for a charge of organized retail theft of $1,500. Punishment would be increased to the next higher category of offense for persons that organize, supervise, finance, or manage one or more other persons engaged in the activity; or if it is shown at trial the defendant caused a fire exit alarm to sound or become activated, deactivated or prevented a fire exit alarm from sounding; or used a shielding or deactivation instrument to prevent or attempt to prevent detection by a retail theft detector. The bill would take effect September 1, 2011 and apply only to an offense committed on or after the effective date.