Amendment vs bill Senate Amendment A02198 vs Printer's No. PN0595

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PRINTER'S NO.
S0596B0595A02198 DMS:EJH 09/29/23 #90 A02198 AMENDMENTS TO SENATE BILL NO.
595 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
596 Sponsor:
596 2023 INTRODUCED BY ARGALL, STEFANO, BARTOLOTTA, AUMENT, REGAN AND COSTA, APRIL 17, 2023 REFERRED TO JUDICIARY, APRIL 17, 2023 AN ACT Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in theft and related offenses, further providing for the offense of organized retail theft;
SENATOR BAKER Printer's No.
establishing the Office of Deputy Attorney General for Organized Retail Crime Theft;
595 Amend Bill, page 1, line 3, by inserting after "theft;" and Amend Bill, page 1, line 5, by striking out ";
and making an appropriation.
and making an appropriation" Amend Bill, page 1, line 10, by striking out "a subsection" and inserting subsections Amend Bill, page 2, by inserting between lines 3 and 4 (b.1) Enforcement.-- (1) The district attorneys of the several counties shall have authority to investigate and to institute criminal proceedings for a violation of this section.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
(2) In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and to institute criminal proceedings for a violation of this section or a series of related violations involving more than one county of this Commonwealth or involving a county of this Commonwealth and another state.
Section 1.
(3) No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to investigate or prosecute the case and, if a challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of the Commonwealth to the person.
Section 3929.3(b) and (c) of Title 18 of the Pennsylvania Consolidated Statutes are amended and the section is amended by adding a subsection to read:
Amend Bill, page 2, line 4, by striking out "(b.1)" and inserting (b.2) Amend Bill, page 3, lines 2 through 5, by striking out all of 2023/90DMS/SB0596A02198 - 1 - said lines Amend Bill, page 3, line 25, by striking out "in 60 days." and inserting July 1, 2024, or immediately, whichever is later.
§ 3929.3.
2023/90DMS/SB0596A02198 - 2 -
Organized retail theft.
* * * (b) Grading.-- (1) If the retail value of the stolen merchandise in the possession of or under the control of the organized retail theft enterprise is at least [$5,000] $300, but not more than [$19,999] $1,199, the offense is a felony of the third degree.
(2) If the retail value of the stolen merchandise in the possession of or under the control of the organized retail theft enterprise is at least [$20,000] $1,200, the offense is a felony of the second degree.
(b.1) Office of Deputy Attorney General for Organized Retail Crime Theft.-- (1) The Office of Deputy Attorney General for Organized Retail Crime Theft is established and shall include five prosecuting attorneys to have geographically concurrent jurisdiction in this Commonwealth.
The following shall be the geographic districts of the prosecuting attorneys:
(i) District 1 shall include Bucks, Chester, Delaware, Montgomery and Philadelphia Counties.
(ii) District 2 shall include Berks, Bradford, Carbon, Columbia, Lackawanna, Lehigh, Luzerne, Lycoming, Monroe, Montour, Northampton, Northumberland, Pike, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne and Wyoming Counties.
(iii) District 3 shall include Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry and York Counties.
(iv) District 4 shall include Armstrong, Butler, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Indiana, Jefferson, Lawrence, McKean, Mercer, Potter, Venango and Warren Counties.
(v) District 5 shall include Allegheny, Beaver, Cambria, Fayette, Greene, Somerset, Washington and Westmoreland Counties.
(2) Each prosecuting attorney may have no more than two special agents employed to assist with the duties under this 20230SB0596PN0595 - 2 - subsection.
(3) The sum of $2,000,000 is appropriated from the General Fund to the Office of Attorney General to be used by the Office of Deputy Attorney General for Organized Retail Crime Theft for duties under this subsection.
(c) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection:
"Merchandise." Any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof.
"Merchant." An owner or operator of a retail mercantile establishment or an agent, employee, lessee, consignee, officer, director, franchise or independent contractor of such owner or operator.
"Organized retail theft enterprise." A corporation, partnership or any other type of association, whether or not legally formed, operated for the purpose of engaging in violations of the provisions of section 3925 (relating to receiving stolen property) or 3929 (relating to retail theft) with intent to resell or re-enter the merchandise into commerce.
"Retail value." A merchant's stated or advertised price of merchandise.
If merchandise is not traceable to a specific merchant, the stated or advertised price of the merchandise by merchants in the same geographical region.
Section 2.
This act shall take effect in 60 days.
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