H 3523 — Organized Retail Crime
Last action — Act No. 1
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 05, 2024. Enacted.
Signed by Governor Henry McMaster (Republican) on March 07, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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20 sponsors
20 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-13-135, RELATING TO THE OFFENSE OF RETAIL THEFT AND ASSOCIATED PENALTIES, SO AS TO REVISE NECESSARY DEFINITIONS, TO REVISE THE PREVIOUS OFFENSE OF RETAIL THEFT, TO CREATE THE OFFENSES OF ORGANIZED RETAIL CRIME AND ORGANIZED RETAIL CRIME OF AN AGGRAVATED NATURE, AND TO PROVIDE A GRADUATED PENALTY STRUCTURE. - RATIFIED TITLE
Bill Text
What changed in the latest version
137 added · 64 removed137 line(s) added, 64 removed.
2025-2026 Bill 3523 Text of Previous Version (Feb.(Dec.
06, 2025)2024) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026(Text2025-2026Bill 3523Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
Document has been reformatted to meet World Wide Web specifications.) Indicates Matter Stricken Indicates New Matter Committee Report FebruaryA 6,bill 2025 H.TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-13-135, RELATING TO THE OFFENSE OF RETAIL THEFT AND ASSOCIATED PENALTIES, SO AS TO REVISE NECESSARY DEFINITIONS, TO REVISE THE PREVIOUS OFFENSE OF RETAIL THEFT TO CREATE THE OFFENSES OF ORGANIZED RETAIL CRIME AND ORGANIZED RETAIL CRIME OF AN AGGRAVATED NATURE, AND TO PROVIDE A GRADUATED PENALTY STRUCTURE.
3523 IntroducedBe it enacted by Reps.the General Assembly of the State of South Carolina:
J. SECTION 1. Section 16-13-135 of the S.C.
E.
Johnson, W.
Newton, Robbins, Mitchell, Pedalino, Taylor, Long, Bailey and Calhoon S.
Printed 2/6/25--H.
Read the first time January 14, 2025 ________ The committee on House Judiciary To whom was referred a Bill (H.
3523) to amend the South Carolina Code of Laws by amending Section 16-13-135, relating to the offense of retail theft and associated penalties, so as to revise necessary, etc., respectfully Report:
That they have duly and carefully considered the same, and recommend that the same do pass:
W.
NEWTON for Committee.
statement of estimated fiscal impact Explanation of Fiscal Impact State Expenditure This bill provides that the following offenses are unlawful misdemeanor or felony offenses for retail theft:
Committing theft of retail property (to now include merchandise credit) from a retail establishment in a value exceeding $2,000, aggregated over a 90-day period when the offender has the intent to cause the property to be placed in the control of a retail property fence or other person for consideration;
and Conspiring with another person to commit theft of retail property (to now include merchandise credit) from a retail establishment in a value exceeding $2,000, aggregated over a 90-day period, when the offender has the intent to cause the property to be placed in the control of a retail property fence or other person for consideration;
or illegally or fraudulently obtain confidential data or consumer personally identifiable information for the purpose of converting it into financial gain.
The bill also provides that any property, funds, or interest a person has acquired or maintained in violation of these provisions are subject to forfeiture and modifies the penalty schedules for retail theft including fines and imprisonment.
This bill may result in an increase in the number of circuit court cases and potentially the number of incarcerations, which may increase the workload of the court system and the Commission of Indigent Defense, the Commission on Prosecution Coordination, the Department of Corrections, and the Department of Probation, Parole, and Pardon Services.
The potential increase in expenses for each agency will depend upon the increase in the number of cases and number of incarcerations.
These agencies anticipate that the potential increase in caseload can be managed within existing appropriations.
For information, according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which $36,553 was state funded.
State Revenue This bill may result in a change in the fines and fees collected in court.
Court fines and fees are distributed to the General Fund, Other Funds, and local funds.
Therefore, the Revenue and Fiscal Affairs Office (RFA) anticipates this bill may result a change to General Fund and Other Funds revenue due to the change in fines and fees collections in court.
Frank A.
Rainwater, Executive Director Revenue and Fiscal Affairs Office _______ A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-13-135, RELATING TO THE OFFENSE OF RETAIL THEFT AND ASSOCIATED PENALTIES, SO AS TO REVISE NECESSARY DEFINITIONS, TO REVISE THE PREVIOUS OFFENSE OF RETAIL THEFT TO CREATE THE OFFENSES OF ORGANIZED RETAIL CRIME AND ORGANIZED RETAIL CRIME OF AN AGGRAVATED NATURE, AND TO PROVIDE A GRADUATED PENALTY STRUCTURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-13-135 of the S.C.
Section 16-13-135. Section (A)16-13-135. As used in this section:
(A) As (1)used "Organizedin retailthis crime"section: means two or more people conspiring to commit theft of retail property from a retail establishment with the intent to sell, barter, exchange, or reenter such retail property into commerce for monetary or other gain.
(1) (1)(2)"Organized "Retailretail property"crime" means atwo newanor article,more merchandise,people property,conspiring moneyto orcommit negotiabletheft documentsof includingretail giftproperty cardsfrom ora otherretail formsestablishment ofwith credit,the productproducts,intent commoditycommodities,to itemitems,sell, barter, exchange, or componentcomponentsreenter intendedsuch toretail beproperty soldinto incommerce retailfor commerce.monetary or other gain.
(1)(2) (2)(3) "Retail propertyproperty" fence" means a personnewan article, merchandise, property, money or businessnegotiable thatdocuments buysincluding retailgift propertycards knowingor other forms of credit, productproducts, commoditycommodities, itemitems, or believingcomponentcomponents thatintended theto retailbe propertysold isin stolen.retail commerce.
(2)(3) (3)(4)"Retail "Theft"property fence" means toa takeperson possession of, carry away, transfer, or causebusiness tothat bebuys carried away the retail property ofknowing anotheror withbelieving thethat intent to stealdeprive the merchantretail ofproperty theis possession,stolen. use, benefit, and value of the retail property.
(3)(4) (4)(5)"Theft" "Value" means to take possession of, carry away, transfer, or cause to be carried away the retail valueproperty of ananother itemwith asthe offeredintent for sale to stealdeprive the publicmerchant byof the affectedpossession, retailuse, establishmentbenefit, and includesvalue allof applicablethe taxes.retail property.
(B)(4)(5) It"Value" ismeans unlawfulthe retail value of an item as offered for asale personto to:the public by the affected retail establishment and includes all applicable taxes.
(B) (1)It commitis theftunlawful of retail property from a retail establishmentorganized retail crime, with a value exceeding two thousand dollars aggregated over a ninety-day period, with the intent to sell the retail property for monetary or other gain, and sell, barter, take, or cause the retail property to be placed in the control of a retail property fence or other person into: exchange for consideration;
or (1) (2) conspire with another person to commit theft of retail property from a retail establishment,establishmentorganized retail crime, with a value exceeding two thousand dollars aggregated over a ninety-day period, with the intent to:to sell the retail property for monetary or other gain, and sell, barter, take, or cause the retail property to be placed in the control of a retail property fence or other person in exchange for consideration;
or (2) (a)conspire sell,with barter,another orperson exchangeto thecommit theft of retail property forfrom monetarya orretail otherestablishment, gain;with a value exceeding two thousand dollars aggregated over a ninety-day period, with the intent to:
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(a) sell, barter, or exchange the retail (b)property for monetary or other gain; or (b) place the retail property in the control of a retail property fence or other person in exchange for consideration;consideration; or (3)(2) receive, possess, or sell retail property that has been taken or stolen in violation of item (1) or (2) while knowing or having reasonable grounds to believe the property is stolen.
or (3)(2) receive, possess, or sell retail property that has been taken or stolen in violation of item (1) or (2) while knowing or having reasonable grounds to believe the property is stolen.
(C)(C) Acts committed in different counties that have been aggregated in one count may be indicted and prosecuted in any one of the counties in which the acts occurred.
(D)(D) Property, funds, and interest a person has acquired or maintained in violation of this section are subject to forfeiture pursuant to the procedures for forfeiture as provided in Section 44-53-530.
(E)(E) A person who violates this section commits the offense of organized retail crime, and:
(1) (1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both;both; and (2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than twenty years, or both.
and (1) (2) for a secondfirst oroffense: subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than twenty years, or both.
(1) for(a) is guilty of a firstmisdemeanor offense:and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both, if the value of the retail property is more than two thousand dollars but less than ten thousand dollars;
(a)(b) is guilty of a misdemeanorfelony and, upon conviction, must be fined not more than fiveten thousand dollars or imprisoned for not more than threefive years, or both, if the value of the retail property is more than twoten thousand dollars but less than tentwenty thousand dollars;
(c) (b) is guilty of a felony and, upon conviction, must be fined not more than tentwenty thousand dollars or imprisoned for not more than fiveten years, or both, if the value of the retail property is more than tentwenty thousand dollars but less than twentyfifty thousand dollars;
(d) (c) is guilty of a felony and, upon conviction, must be fined not more than twentyfifty thousand dollars or imprisoned for not more than tentwenty years, or both, if the value of the retail property is more than twenty thousand dollars but less than fifty thousand dollars;
(2) for (d)a second or subsequent offense, is guilty of a felony and, upon conviction, regardless of the value of the retail property in any offense, must be fined not more than fifty thousand dollars or imprisoned for not more than twenty years, or both,both; if the value of the retail property is more than fifty thousand dollars;
(3) (2) for apurposes secondof orthis subsequentsection, offense,multiple isoffenses guiltyoccurring ofwithin a felonyninety-day and,period uponmay conviction, regardless of the value of the retail property in any offense, must be finedaggregated notinto morea thansingle fiftycount thousandwith dollarsthe oraggregated imprisonedvalue forused notto moredetermine thanthe twentytotal years,value orof both;the property;
(4) (3)organized forretail purposescrime ofis this section, multiple offenses occurring within a ninety-daylesser-included periodoffense mayof beorganized aggregatedretail intocrime aof singlean countaggravated withnature theas aggregatedprovided valuein usedsubsection to(F). determine the total value of the property;
(F)(1) (4)A organizedperson retailcommits crimethe is a lesser-included offense of organized retail crime of an aggravated nature asif, providedwhile incommitting subsectionthe (F).offense of organized retail crime, the person wilfully and maliciously:
(F)(1)(a) Adamages, persondestroys, commitsor thedefaces offensereal ofor organizedpersonal retailproperty crimein ofexcess an aggravated nature if, while committing the offense of organizedtwo retailthousand crime,dollars; the person wilfully and maliciously:
or (b) (a)causes damages,moderate destroys,bodily orinjury defaces real or personalgreat propertybodily ininjury excessto ofanother twoperson. thousand dollars;
or (b) causes moderate bodily injury or great bodily injury to another person.
(2) (2) A person convicted of organized retail crime of an aggravated nature is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than fifteen years, or both.
SECTION 2. TheThe repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. ThisThis act takes effect upon approval by the Governor.
----XX---- This web page was last updated on FebruaryDecember 06, 20252024 at 03:2912:18 PM
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Action History
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Act No. 1
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Effective date 03/07/25
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Signed By Governor
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Ratified R 5
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Roll call Yeas-107 Nays-0
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Concurred in Senate amendment and enrolled
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Read third time and returned to House with amendments
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Roll call Ayes-43 Nays-0
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Read second time
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Amended
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Scrivener's error corrected
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Recalled from Committee on Judiciary
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Referred to Committee on Judiciary
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Introduced and read first time
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Unanimous consent for third reading on next legislative day
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Roll call Yeas-101 Nays-0
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Read second time
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Member(s) request name added as sponsor: Hixon, Cromer, Gilreath, Oremus, Hartz
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Member(s) request name added as sponsor: Erickson, Bradley, Hager, Whitmire
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Debate adjourned until Thur., 2-13-25
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Member(s) request name added as sponsor: Yow, Weeks
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Committee report: Favorable Judiciary
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Member(s) request name added as sponsor: Calhoon
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Member(s) request name added as sponsor: Bailey
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Referred to Committee on Judiciary
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Introduced and read first time
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Referred to Committee on Judiciary
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Prefiled
Sponsors
- J.E. Johnson · Primary
- Representative Wm. Weston J. Newton · Primary
- Representative Robby Robbins · Primary
- Representative Cody T. Mitchell · Primary
- Representative Fawn M. Pedalino · Primary
- Representative Bill Taylor · Primary
- Representative Steven Wayne Long · Primary
- Representative William H. Bailey · Primary
- Representative Paula Rawl Calhoon · Primary
- Representative Richard L. "Richie" Yow · Primary
- Representative J. David Weeks · Primary
- Representative Shannon S. Erickson · Primary
- Representative Jeff Bradley · Primary
- Representative William "Bill" Hager · Primary
- Representative William R. "Bill" Whitmire · Primary
- Representative William M. "Bill" Hixon · Primary
- Representative April Cromer · Primary
- Representative Thomas Lee Gilreath · Primary
- Representative Melissa Lackey Oremus · Primary
- Representative Charles V. Hartz · Primary
Sponsorship breakdown
Export CSV (upgrade) →20 sponsors · 0 co-sponsors · 150 not signed on
Sponsors (20)
- J.E. Johnson
- Representative Wm. Weston J. Newton
- Representative Robby Robbins
- Representative Cody T. Mitchell
- Representative Fawn M. Pedalino
- Representative Bill Taylor
- Representative Steven Wayne Long
- Representative William H. Bailey
- Representative Paula Rawl Calhoon
- Representative Richard L. "Richie" Yow
- Representative J. David Weeks
- Representative Shannon S. Erickson
- Representative Jeff Bradley
- Representative William "Bill" Hager
- Representative William R. "Bill" Whitmire
- Representative William M. "Bill" Hixon
- Representative April Cromer
- Representative Thomas Lee Gilreath
- Representative Melissa Lackey Oremus
- Representative Charles V. Hartz
Co-sponsors (0)
None.
Not signed on (150)
150 members have not signed on to this bill.
Show all 150 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 102 | 0 | 0 | 15 |
| Republican | 2 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 106 | 0 | 0 | 15 |
| % of votes cast | 88% | 0% | 0% | 12% |
How each member voted (121)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 0 | 0 | 3 |
| Total | 43 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (46)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 20 |
| Democrat | 2 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 1 |
| Total | 100 | 0 | 0 | 21 |
| % of votes cast | 83% | 0% | 0% | 17% |
How each member voted (121)
Subjects
Frequently asked questions
- What does H 3523 do?
- AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-13-135, RELATING TO THE OFFENSE OF RETAIL THEFT AND ASSOCIATED PENALTIES, SO AS TO REVISE NECESSARY DEFINITIONS, TO REVISE THE PREVIOUS OFFENSE OF RETAIL THEFT, TO CREATE THE OFFENSES OF ORGANIZED RETAIL CRIME AND ORGANIZED RETAIL CRIME OF AN AGGRAVATED NATURE, AND TO PROVIDE A GRADUATED PENALTY STRUCTURE. - RATIFIED TITLE
- Who sponsors H 3523?
- H 3523 is sponsored by J.E. Johnson, Representative Wm. Weston J. Newton, Representative Robby Robbins, Representative Cody T. Mitchell, Representative Fawn M. Pedalino, Representative Bill Taylor, Representative Steven Wayne Long, Representative William H. Bailey, Representative Paula Rawl Calhoon, Representative Richard L. "Richie" Yow, Representative J. David Weeks, Representative Shannon S. Erickson, Representative Jeff Bradley, Representative William "Bill" Hager, Representative William R. "Bill" Whitmire, Representative William M. "Bill" Hixon, Representative April Cromer, Representative Thomas Lee Gilreath, Representative Melissa Lackey Oremus, and Representative Charles V. Hartz.
- What is the current status of H 3523?
- This bill has been enacted into law. Introduced December 05, 2024. Enacted.
- Where can I track H 3523?
- Track H 3523 free on One Click Politics — get push/email alerts when it moves.
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