SB 431 — Revises provisions relating to participation in organized retail theft. (BDR 15-1151)

(ReprintedSenate withBill amendmentsNo. adopted on May 22, 2019) SECOND REPRINT S.B.

431431–Committee SENATEon BILLJudiciary NOCHAPTER.......... .

431–COMMITTEE ON JUDICIARY M ARCH 25, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to participation in organized retail theft.

(BDR 15-1151) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegExistingLegislative lawCounsel’s providesDigest: that the crime of participation in organized retail theft may be committed by one or more persons who conduct a series of thefts of retail merchandise at one or more merchants in this State with the intent to return the merchandise for value or resell, trade or barter the merchandise for value.

(NRSExisting 205.08345)law This bill provides that the crime of participation in organized retail theft may be committed by one or more persons who knowinglyconduct participatea directlyseries orof indirectlythefts furtherof provides that the acts constituting organized retail theftmerchandise mayat beone committedbill on the premises of a merchant or throughmore themerchants usein ofthis anState Internet or network site and with the intent to return the merchandise for value or resell, trade or barter the merchandise for value,value. in any manner, including, without limitation, through the use of an Internet or network site.

This(NRS billcommitted alsoby revisesone theor periodmore ofpersons time,who fromknowingly 90participate daysdirectly toor 120indirectly days,in for which the value of the property or servicesengage involved in theconduct penalty.dwith retail theft may be aggregated for purposes of determining the criminalintent THEto PEOPLEfurther OFan THEorganized STATEretail OFtheft. NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

SectionThis 1.bill further provides that the acts constituting organized retail theft may be committed on the premises of a merchant or through the use of an Internet or network site and with the intent to return the merchandise for value or resell, trade or barter the use of an Internet or network site.

This bill also revises the period of time, from 90 days to 120 days, for which the value of the property or services involved in the organized retail theft may be aggregated for purposes of determining the criminal penalty.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

A person who knowingly participates [in] directly or indirectly in or engages in conduct with the intent to - *SB431_R2* – 2 – further an organized retail theft is guilty of a category B felony and shall be punished by imprisonment in the state prison for:

(b) If the aggregated value of the property or services involved in all thefts committed in the organized retail theft in this State during a period of [90] 120 days is $10,000 or more, a minimum term of not less than 2 years and a maximum term of not more than 15 years, and by a fine of not more than $20,000.

- 80th Session (2019) – 2 – 2.

4.violation shall be deemed to have been committed and may be the prosecuted in any jurisdiction in this State in which any theft committed by any participant in the organized retail theft was committed, regardless of whether the defendant was ever physically present in that jurisdiction.

In any prosecution for a violation of this section, the violation shall be deemed to have been committed and may be prosecuted in any jurisdiction in this State in which any theft committed by any participant in the organized retail theft was committed, regardless of whether the defendant was ever physically present in that jurisdiction.

H~~~~~ 19 - *SB431_R2*80th Session (2019)