Virginia lawmakers took a major step forward this month in their efforts to crack down on individuals involved in organized retail crime (ORC). On March 23, Governor Glenn Youngkin (R) signed into law two identical bills (VA HB 1885 & VA SB 1396) that will make conspiring with others to steal $5,000 worth of goods within a 90-day period a Class 3 felony. In addition, the legislation also allocates grant funding for law enforcement agencies to “investigate, indict, and prosecute” these types of offenses.
Virginia is not alone in pushing for tougher measures against ORC.
On March 15, North Dakota Governor Doug Burgum (R) signed HB 1378 into law. The measure creates the offense of organized retail theft.
In total, 20 states have introduced (or enacted) legislation in 2023 that would broadly toughen penalties for thieves involved in ORC operations. Many of these proposals, in addition to increasing sentencing for retail crimes, would strengthen prosecutors’ power to indict criminals on multiple theft offenses or create a separate offense for ORC in the state’s criminal code. Below is a complete overview of all state legislation aimed at curtailing organized retail theft this legislative session.
Legislation that would increase the penalties for individuals involved in ORC
Ten states are considering legislation that would either lower the dollar threshold for theft or increase the penalties for those accused of participating in an organized retail theft. For example, Hawaii lawmakers are discussing whether to lower the threshold for second and third degree theft (HI HB 635), while Pennsylvania has pending legislation that would eliminate the three-strike felony provision for retail theft (PA HB 192).
The following states introduced bills this year to increase penalties for ORC offenses: Montana (MT SB 95), Nebraska (NE LB 19), New York (NY SB 5479), Oregon (OR SB 318 & OR SB 340), Rhode Island (RI HB 5901), Utah (UT HB 46), Virginia (VA HB 1885 & VA SB 1396 - enacted) and Wisconsin (WI SB 25).
Legislation that would allow prosecutors to aggregate the total value of goods stolen either over a time period or multiple offenses
Lawmakers in five states are considering legislation that would allow prosecutors to aggregate crimes into one offense. Two bills introduced in Minnesota (MN HF 450 & MN SF 893) would allow multiple offenses committed over a six-month period to be aggregated into one offense.
Other states with bills allowing for aggregation of theft crimes include: Massachusetts (MA HD 1693), New Mexico (NM HB 234), Vermont (VT HB 381), Virginia (VA HB 1885 & VA SB 1396 - enacted).
Legislation that creates the offense of ORC in a state’s criminal code
Nine states have also introduced legislation that either creates or amends their criminal codes with ORC as a separate offense. State lawmakers in Missouri (MO SB 250 & MO HB 548), Mississippi (MS SB 2349), New Jersey (NJ AB 4736 & NJ SB 3048), Minnesota (MN HF 450 & MN SF 893), New Mexico (NM HB 55), Nevada (NV AB 50), North Dakota (ND HB 1378 - enacted), Oregon (OR SB 318 & OR SB 340) and South Carolina (SC SB 563) are looking at legislation that would make ORC a new offense in the criminal code.
In many instances, state ORC Task Forces have played a central role in helping lawmakers develop aggregation of crimes and tougher retail theft penalty legislative measures. Eleven states — Arizona, California, Colorado, Connecticut, Florida, Illinois, Michigan, New Mexico, Oregon, Utah and Washington — have established an ORC task force to investigate and prosecute suspects involved in organized retail crimes.
