HB 1885 — Organized retail theft; establishes as a crime, report, penalty.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E357 An Act to amend and reenact §§ 18.2-46.1 and 18.2-513 of the Code of Virginia and to amend the Code report;of Virginia by adding sections numbered 2.2-511.2 and 18.2-103.1, relating to organized retail theft;

penalty.ddingreport; sections numbered 2.2-511.2 and 18.2-103.1, relating to organized retaRl theft;

Openalty. [H 1885] L Approved L Be it enacted by the General Assembly of Virginia:

E[H 1.1885] Approved March 23, 2023 Be it enacted by the General Assembly of Virginia:

That1. §§ 18.2-46.1 and 18.2-513 of the Code of Virginia are amended and reenacted and that thD Cod§ 2.2-511.2.

That §§ 18.2-46.1 and 18.2-513 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 2.2-511.2 and 18.2-103.1 as follows:

§ 2.2-511.2.

report.redreport. 2.2-511.2 and 18.2-103.1 as follows:

There is hereby created in the state treasury a special nonreverting fund to be known as the Organized Retail Crime Fund, referred to in this section as "the Fund." The Fund shall be established grants, bequests, and other funds received on its behalf shall be paid into the booksstate oftreasury and credited to the Comptroller.Fund.

All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund.

Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal Hearyear shall not revert to the general fund but shall remain in the Fund.

Moneys in the Fund shall be used s1lelysolely for the purposes of awarding grants to attorneys for the Commonwealth and law-enforcement agencies to investigate, indict, and prosecute violations of organized retail theft and associated fraud and property crimes.

Expenditures and disbursements from the Fund shall be made by the State Treasurer on E warrants issued by the Comptroller upon written request signed by the Attorney General.

R The Attorney General shall establish guidelines and procedures for the proper administration of the Fund including eligibility requirements and procedures for filing a grant application.

As used in this article, unless the context requires otherwise or it is otherwise provided a different mea"Actmeaning: of violence" means those felony offenses described in subsection A of § 19.2-297.1.

"Act of violence" means those felony offenses described in subsection A of § 19.2-297.1.

(ii) any violation of § 18.2-31, 18.2-42, 18.2-46.3, 18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-55, 18.2-56.1, 18.2-57, 18.2-57.2, 18.2-59, 18.2-83, 18.2-89, 18.2-90, 18.2-95, 18.2-103.1,2-53.1,18.2-103.1, 18.2-108.1, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, 18.2-147, 18.2-248.01, 18.2-248.03, 18.2-255, 18.2-255.2, 18.2-279, 18.2-282.1, 18.2-286.1, 18.2-287.4, 18.2-289, 18.2-300, 18.2-308.1, 18.2-308.2, 18.2-308.2:01, 18.2-308.4, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1;

or (vi) any substantially similar offense under the laws of another state or territory of the United States, the District of §Columbia, 18.2-103.1.or the United States.

§ 18.2-103.1.

retailB. property from one or more retail mercantile establishments, with a value exceeding $5,000f aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, of 2 and who takes or causes such retail property to be placed in the control of a retail property fence or other person and either (i) receives or possesses any retail property that has been obtained by simple larceny from one or more retail mercantile establishments while knowing or having reasonable grounds to believe the property was unlawfully obtained or (ii) conspires or acts in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments is guilty of organized retail theft.

Any person who conspires or acts in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $5,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, and who takes or causes such retail property to be placed in the control of a retail property fence or other person and either (i) receives or possesses any retail property that has been obtained by simple of 2 larceny from one or more retail mercantile establishments while knowing or having reasonable grounds to believe the property was unlawfully obtained or (ii) conspires or acts in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments is guilty of organized retail theft.

a felony offense of § 3.2-4212, 3.2-4219, 10.1-1455, 18.2-31, 18.2-32, 18.2-32.1, 18.2-33, or 18.2-35, Article 2.2 (§ 18.2-46.4 et seq.) of Chapter 4, § 18.2-47, 18.2-48, 18.2-48.1, 18.2-49, 18.2-51, 18.2-51.2, 18.2-52, 18.2-53, 18.2-55, 18.2-58, 18.2-59, 18.2-77, 18.2-79, 18.2-80, 18.2-89, 18.2-90, 18.2-91, 18.2-92, 18.2-93, or 18.2-95, or 18.2-103.1, Article 4 (§ 18.2-111 et seq.) of Chapter 5, Article 1 (§ 18.2-168 et seq.) of Chapter 6, § 18.2-178 or 18.2-186, Article 6 (§ 18.2-191 et seq.) of Chapter 6, Article 9 (§ 18.2-246.1 et seq.) of Chapter 6, § 18.2-246.13, Article 1 (§ 18.2-247 et seq.) of Chapter 7, § 18.2-279, 18.2-286.1, 18.2-289, 18.2-300, 18.2-308.2, 18.2-308.2:1, 18.2-328, 18.2-346, 18.2-346.01, 18.2-348, 18.2-348.1, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-357.1, 18.2-368, 18.2-369, or 18.2-374.1, Article 8 (§ 18.2-433.1 et seq.) of Chapter 9, Article 1 (§ 18.2-434 et seq.) of Chapter 10, Article 2 (§ 18.2-438 et seq.) of Chapter 10, Article 3 (§ 18.2-446 et seq.) of Chapter 10, Article 1.1 (§ 18.2-498.1 et seq.) of Chapter 12, § 3.2-6571, 18.2-516, 32.1-314, 58.1-1008.2, 58.1-1017, or 58.1-1017.1;