North Carolina 2017-2018 Session Status: Enacted 1 R cosponsors

HB 384 — Increase Penalties/Organized Retail Theft.

Last action — Signed by Gov. 7/21/2017

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 15, 2017. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    3 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

100 added · 90 removed

Plain-language change summary

The recent update to House Bill 384 includes changes to the citation details, specifically the date of the bill and the reference to its original draft. This matters because it clarifies the version of the bill being discussed, ensuring that everyone is on the same page regarding the proposal and any amendments or debates related to it. Clear citations help in maintaining transparency and tracking the legislative process effectively.

→
Previous
Latest
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 384 Committee Substitute Favorable 4/6/17 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 384 Short Title:
Representatives Fraley, Jordan, Warren, and Wray (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
March 20, 2017 A BILL TO BE ENTITLED AN ACT TO STRENGTHEN THE ORGANIZED RETAIL THEFT LAWS.
Judiciary II March 20, 2017 A BILL TO BE ENTITLED AN ACT TO STRENGTHEN THE ORGANIZED RETAIL THEFT LAWS.
(5) By exchanging property, knowing or having reasonable grounds to believe the property is stolen, for cash, a gift card, a merchandise card, or some other item of value.
(5) By exchanging stolen property for something of value, cash, a gift card, or a merchandise card.
(6) By exchanging property, knowing or having reasonable grounds to believe the property is stolen, for cash, a gift card, a merchandise card, or some other item of value and utilizing fictitious identification to prevent the merchant from properly identifying the person seeking to exchange the property." SECTION 2.
(6) By returning stolen property and utilizing fictitious identification to prevent the merchant from properly identifying the person seeking to return the property." SECTION 2.
G.S.
Article 16A of Chapter 14 of the General Statutes reads as rewritten:
14-86.6 reads as rewritten:
"Article 16A.
"§ 14-86.6.
"Organized Retail Theft.
"§ 14-86.5.
Definitions.
The following definitions apply in this Article:
(1) "Organized retail theft enterprise." – Two or more persons who associate for the purpose of engaging in the conduct of organized retail theft.
(1)(1a) "Retail property." – Any article, product, commodity, item, or component intended to be sold in retail commerce.
*H384-v-1* General Assembly Of North Carolina Session 2017 (2) "Retail property fence." – A person or business that buys retail property knowing or believing that retail property is stolen.
(3) "Theft." – To take possession of, carry away, transfer, or cause to be carried away the retail property of another with the intent to steal the retail property.
(4) "Value." – The retail value of an item as advertised by the affected retail establishment, to include all applicable taxes." "§ 14-86.6.
(1) Conspires with another person to commit theft of retail property from retail establishments, with a value exceeding one thousand five hundred dollars ($1,500) aggregated over a 90-day period, with the intent to sell that retail property for monetary or other gain, and who takes or causes that retail *H384-v-2* General Assembly Of North Carolina Session 2017 property to be placed in the control of a retail property fence or other person in exchange for consideration.
(1) Conspires with another person to commit theft of retail property from retail establishments, with a value exceeding one thousand five hundred dollars ($1,500) aggregated over a 90-day period, with the intent to sell that retail property for monetary or other gain, and who takes or causes that retail property to be placed in the control of a retail property fence or other person in exchange for consideration.
(2) Acts as leader of two or more other persons associated for the purpose of engaging in conduct in violation of this section, if the person conspires with others as an organizer, supervisor, financier, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property stolen from a merchant.
(2) Acts as leader of an organized retail theft enterprise if the person conspires with others as an organizer, supervisor, financier, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property stolen from a merchant.
(c) Thefts of retail property occurring in more than one county may be aggregated in alleging a violation of this section.
(c) A violation of this section occurring in different counties that have been aggregated in one county may be prosecuted in any county in which one of the violations occurred." SECTION 3.
Venue for prosecution of a violation of this section is appropriate in any county in which an aggragated theft of retail property occurred." SECTION 3.
d.
Page 2 House Bill 384-First Edition General Assembly Of North Carolina Session 2017 d.
Page 2 House Bill 384-Second Edition General Assembly Of North Carolina Session 2017 (3) Pawn or pawn transaction.
(3) Pawn or pawn transaction.
House Bill 384-Second Edition Page 3
House Bill 384-First Edition Page 3
⬇ Download PDF
View plain text versions (6)

Action History

  1. Signed by Gov. 7/21/2017

  2. Ch. SL 2017-162

  3. Concurred In S/Com Sub

  4. Ordered Enrolled

  5. Ratified

  6. Pres. To Gov. 6/29/2017

  7. Passed 2nd Reading

  8. Passed 3rd Reading

  9. Special Message Sent To House

  10. Special Message Received For Concurrence in S Com Sub

  11. Cal Pursuant 36(b)

  12. Placed On Cal For 06/29/2017

  13. Reptd Fav

  14. Reptd Fav Com Substitute

  15. Com Substitute Adopted

  16. Re-ref Com On Rules and Operations of the Senate

  17. Withdrawn From Com

  18. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  19. Regular Message Sent To Senate

  20. Regular Message Received From House

  21. Passed 1st Reading

  22. Ref To Com On Rules and Operations of the Senate

  23. Passed 2nd Reading

  24. Passed 3rd Reading

  25. Reptd Fav Com Substitute

  26. Cal Pursuant Rule 36(b)

  27. Placed On Cal For 04/10/2017

  28. Withdrawn From Com

  29. Re-ref Com On Judiciary III

  30. Passed 1st Reading

  31. Ref To Com On Judiciary II

  32. Filed

Sponsors

  • Wray · Cosponsor
  • Jordan · Primary
  • Fraley · Primary
  • Harry Warren · Primary

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 1 co-sponsors · 175 not signed on · 2 voted No

Sponsors (3)

Co-sponsors (1)

  • Wray

Not signed on (175)

175 members have not signed on to this bill.

Show all 175 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

M11 Concur

Passed 110 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 68008
Democratic 14001
Republican 27001
U 1000
Total 1100010
% of votes cast 92%0%0%8%
How each member voted (120)
Member Party Vote
McElraft — Yea
Michaux — Yea
Millis — Yea
Presnell — Yea
Steinburg — Not Voting
Williams — Yea
Zachary — Not Voting
Autry — Yea
Boles — Yea
Boswell — Yea
Burr — Yea
Conrad — Yea
Dobson — Yea
Dulin — Yea
Faircloth — Yea
Farmer-Butterfield — Not Voting
Floyd — Yea
Fraley — Yea
Garrison — Yea
Gill — Yea
Holley — Yea
Brawley — Yea
DestinHall — Yea
K.Hall — Yea
Johnson — Yea
Malone — Yea
T.Moore(Speaker) — Yea
Stone — Yea
R.Turner — Yea
C.Graham — Not Voting
BrendenJones — Not Voting
S.Martin — Not Voting
Bradford — Not Voting
Bumgardner — Yea
Cleveland — Yea
Collins — Yea
Dollar — Yea
Elmore — Yea
Grange — Yea
Hardister — Yea
Henson — Yea
Horn — Yea
Hurley — Yea
Jordan — Yea
Lewis — Yea
McGrady — Yea
McNeill — Yea
Murphy — Yea
Rogers — Yea
Saine — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Not Voting
G.Adcock — Yea
L.Bell — Yea
DuaneHall — Yea
G.Graham — Yea
Jackson — Yea
G.Martin — Yea
R.Moore — Yea
B.Richardson — Yea
W.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
BertJones — Yea
Beasley — Yea
Black — Yea
Earle — Yea
Fisher — Yea
Goodman — Yea
Hanes — Yea
Hunter — Yea
Insko — Yea
Lucas — Yea
Terry — Yea
Wray — Yea
Amos L. Quick, III Democratic Not Voting
Becky Carney Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Yea

Official roll call →

Second Reading

Passed 42 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 9001
Unaffiliated 29301
Democratic 4201
Total 42503
% of votes cast 84%10%0%6%
How each member voted (50)
Member Party Vote
Randleman — Yea
Tillman — Yea
Ballard — Yea
Barefoot — Yea
Brock — Yea
Foushee — Nay
J.Jackson — Yea
VanDuyn — Yea
Bryant — Yea
McKissick — Yea
Brown — Yea
J.Davis — Yea
B.Jackson — Yea
Newton — Yea
Tucker — Yea
D.Davis — Nay
Smith — Nay
Barringer — Yea
Bishop — Yea
Curtis — Yea
Dunn — Yea
Edwards — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Krawiec — Yea
Meredith — Yea
Pate — Yea
Rabin — Yea
Tarte — Yea
Wade — Yea
Wells — Yea
Woodard — Not Voting
Amanda P. Cook Democratic Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Not Voting
Joyce Waddell Democratic Nay
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Nay
Bill Rabon Republican Yea
Carl Ford Republican Not Voting
Danny Earl Britt, Jr. Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 384?
HB 384 is sponsored by Wray, Jordan, Fraley, and Harry Warren (Republican).
What is the current status of HB 384?
This bill has been enacted into law. Introduced March 15, 2017. Enacted.
Where can I track HB 384?
Track HB 384 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 384

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 384

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →