HB 234 — ROBBERY & ORGANIZED RETAIL CRIME

HOUSEAN JUDICIARYACT COMMITTEERELATING SUBSTITUTETO FORCRIME; HOUSE BILL 234 56TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2023 This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.

h AN ACT g o RELATING TO CRIME;

t hr g e i k CREATING THE CRIME OF AGGRAVATED SHOPLIFTING;

CREATING THE h r i s CRIME OF ORGANIZED RETAIL CRIME;

h6 , t, e u g e b l e e h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

n d d i = = o h SECTION 1.

Section 30-16-20 NMSA 1978 (being Laws 1965, l ] b ,d i a º e Chapter 5, Section 2, as amended) is amended to read:

r i = r t e w d m a n o "30-16-20.

SHOPLIFTING--AGGRAVATED SHOPLIFTINGSHOPLIFTING.-- .--A. d m :

b e d s º o t n = .225644.4AIC March 15, 2023 (10:27am) s k m e e a n e d r e l u [ A d HJC/HB 234 A.

(3) willfully altering a label, price tag or marking upon merchandise with the intention of depriving the [merchant] retailer of all or some part of the value of it;

or (4) willfully transferring merchandise from the container in or on which it is displayed to another container with the intention of depriving the [merchant ] retailer of all or some part of the value of it.

HJC/HB 234/a Page 1 (1) is two hundred fifty dollars ($250) or h less is guilty of a petty misdemeanor;

g o (2) is more than two hundred fifty dollars t hr g e i k ($250) but not more than five hundred dollars ($500) is guilty h r i s of a misdemeanor;

h , t, (3) is more than five hundred dollars ($500) e u g e b l e e h but not more than two thousand five hundred dollars ($2,500) is n d d i = = o h guilty of a fourth degree felony;

l ] b ,d i a º e (4) is more than two thousand five hundred r i = r t e w d dollars ($2,500) but not more than twenty thousand dollars m($20,000) ais nguilty oof da mthird :degree felony;

b e d s º o t n = .225644.4AIC March 15, 2023 (10:27am) s k m e - 2 - e a n e d r e l u [ A d HJC/HB 234 ($20,000) is guilty of a third degree felony;

[An individual charged with a violation of this section shall not be charged with a separate or additional offense arising out of the same transaction] Charges under this section shall be based on the aggregated retail market value of merchandise shoplifted from a single retailer at a single location in an amount specified in Subsection B of this section.

When an individual has engaged in shoplifting more than once over a ninety-day period, whether committed at h u » r one or more retailers, the prosecution may charge the tHJC/HB h234/a gPage e2 individual under this section based on either the aggregated l i h r retail market value of merchandise shoplifted from a single i s h , e h retailer at a single location or in a single charge based on t u g e b l the aggregated retail market value of merchandise shoplifted.

e e , gh n d d i Venue for prosecutions based on an aggregated retail market = = o h l ] b ,d i a º r value of merchandise stolen shall be proper in any county in e r = t e w d which merchandise was shoplifted.

mE. a n o d m :

bAggravated rshoplifting econsists tof ºunlawfully oassaulting tor nstriking =at .225644.4AICanother Marchwith 15,a 2023deadly (10:27am)weapon simmediately kafter man eact -of 3shoplifting -in eorder ato nretain epossession dof rstolen eproperty lor uto [effect Aan descape HJC/HBfrom 234the E.scene of an act of shoplifting.

Aggravated shoplifting consists of unlawfully assaulting or striking at another with a deadly weapon SJCºwhile in the act of shoplifting, while seeking to retain shoplifted merchandise or while avoiding apprehension immediately following shoplifting»SJC SJCºimmediately after an act of shoplifting in order to retain possession of stolen property or to effect an escape from the scene of an act of shoplifting»SJC .

and (2) "retailer" means a person or business that h sells or facilitates the sale of merchandise to the public for g o t hr use or consumption rather than for resale." g e i k SECTION 2.

A new section of Chapter 30, Article 16 NMSA h r i s 1978 is enacted to read:

h"ORGANIZED , t, e u g "[NEW MATERIAL] ORGANIZED RETAIL CRIME--PENALTIES.-- eHJC/HB b234/a lPage e3 e h A.

A person who commits any of the following acts n d d i = = o h is guilty of organized retail crime:

l ] b ,d i a º e (1) acts in concert with one or more persons rto isteal =merchandise rwith tan eaggregated wretail dmarket mvalue aof ntwo othousand tofive stealhundred merchandisedollars with($2,500) anor aggregatedmore retailfrom marketone valueor more retailers over the span of done myear :with the intent to sell, exchange or return the merchandise for value;

b e d s º o t n = .225644.4AIC March 15, 2023 (10:27am) s k m e - 4 - e a n e d r e l u [ A d HJC/HB 234 two thousand five hundred dollars ($2,500) or more from one or more retailers over the span of one year with the intent to sell, exchange or return the merchandise for value;

or (4) recruits, coordinates, organizes, supervises, directs, manages or finances another to undertake any of the acts described in this section or any other statute h defining theft of merchandise.

g o B.

Venue shall be proper in any county in which t hr g e merchandise is stolen.

i k h r i s C.

Whoever commits organized retail crime is guiltyHJC/HB h234/a ,Page t,4 guilty of a second degree felony.

e u g e b l D.

e e h n d d i (1) "aggregated retail market value" means the = = o h l ] b ,d i a º e total combined value of all merchandise involved at the price r i = r t e w d at which the merchandise would ordinarily be sold by the mretailer awith nthe olegitimate dsale mor :distribution of the item;

band e(2) d"retailer" smeans ºa operson tor nbusiness =that .225644.4AICsells Marchor 15,facilitates 2023the (10:27am)sale sof kmerchandise mto ethe -public 5for -use eor aconsumption nrather ethan dfor rresale." e l u [ A d HJC/HB 234234/a retailerPage with5 the25 legitimate sale or distribution of the item;

and (2) "retailer" means a person or business that sells or facilitates the sale of merchandise to the public for use or consumption rather than for resale." - 6 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .225644.4AIC March 15, 2023 (10:27am) s k em e e a n e d r e l u [ A d