Bill Text: IA HF2594 | 2023-2024 | 90th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act establishing the criminal offense of organized retail theft, providing penalties, and including effective date provisions. (Formerly HSB 705.) Effective date: 04/10/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-05-03 - Fiscal note. [HF2594 Detail]
Download: Iowa-2023-HF2594-Introduced.html
Bill Title: A bill for an act establishing the criminal offense of organized retail theft, providing penalties, and including effective date provisions. (Formerly HSB 705.) Effective date: 04/10/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-05-03 - Fiscal note. [HF2594 Detail]
Download: Iowa-2023-HF2594-Introduced.html
House
File
2594
-
Introduced
HOUSE
FILE
2594
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
705)
A
BILL
FOR
An
Act
establishing
the
criminal
offense
of
organized
retail
1
theft,
providing
penalties,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
714.2B
Organized
retail
theft.
1
1.
As
used
in
this
section,
unless
the
context
otherwise
2
requires:
3
a.
“Pattern
of
retail
theft”
means
acts
committed
or
4
directed
by
a
person
on
at
least
two
separate
occasions
in
the
5
preceding
six
months
that
would
constitute
a
violation
of
any
6
of
the
following:
7
(1)
Burglary
under
section
713.1
when
the
structure
is
a
8
retail
establishment.
9
(2)
Theft
under
section
714.1,
subsection
1,
3,
4,
or
6,
10
involving
retail
merchandise.
11
(3)
A
violation
of
section
714.7B
concerning
theft
12
detection
devices.
13
(4)
Theft
of
pseudoephedrine,
under
section
714.7C,
from
a
14
retail
establishment.
15
b.
“Retail
establishment”
means
the
building
where
a
16
retailer
sells
retail
merchandise.
17
c.
“Retail
merchandise”
means
all
forms
of
tangible
property
18
held
out
for
sale
by
a
retailer.
19
d.
“Retail
theft
enterprise”
means
a
group
of
two
or
more
20
individuals
with
a
shared
goal
involving
the
unauthorized
21
removal
of
retail
merchandise
from
a
retailer.
“Retail
theft
22
enterprise”
does
not
require
the
membership
of
the
enterprise
23
to
remain
the
same
or
that
the
same
individuals
participate
in
24
each
offense
committed
by
the
enterprise.
25
e.
“Retailer”
means
a
person
or
entity
that
sells
retail
26
merchandise.
27
f.
“Value”
means
the
same
as
provided
in
section
714.3.
28
2.
A
person
commits
organized
retail
theft
when
all
of
the
29
following
occur:
30
a.
The
person
is
employed
by
or
associated
with
a
retail
31
theft
enterprise.
32
b.
The
person
has
previously
engaged
in
a
pattern
of
33
retail
theft
and
intentionally
commits
an
act
or
directs
34
another
member
of
the
retail
theft
enterprise
to
commit
an
act
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involving
retail
merchandise
that
is
a
violation
of
section
1
713.1,
section
714.1,
subsection
1,
3,
4,
or
6,
section
714.7B,
2
or
section
714.7C.
3
c.
The
person
or
another
member
of
the
retail
theft
4
enterprise
sells
or
intends
to
sell
the
stolen
retail
5
merchandise,
advertises
or
displays
any
item
of
the
stolen
6
retail
merchandise
for
sale,
or
returns
any
item
of
the
stolen
7
retail
merchandise
to
a
retailer
for
anything
of
value.
8
3.
A
person
who
commits
organized
retail
theft
is
guilty
of
9
the
following:
10
a.
A
class
“C”
felony
if
the
value
of
the
property
stolen
11
exceeds
five
thousand
dollars.
12
b.
A
class
“D”
felony
if
either
of
the
following
13
circumstances
exists:
14
(1)
The
value
of
the
property
stolen
is
more
than
one
15
thousand
dollars
but
not
more
than
five
thousand
dollars.
16
(2)
The
value
of
the
property
is
more
than
five
hundred
17
dollars
but
not
more
than
one
thousand
dollars
and
the
person
18
has
been
convicted
at
least
twice
before
for
a
violation
of
19
this
section,
section
713.1,
section
714.1,
subsection
1,
3,
20
4,
or
6,
section
714.7B,
or
section
714.7C,
or
a
statute
from
21
another
state,
the
United
States,
or
a
foreign
jurisdiction,
in
22
conformity
with
any
of
those
sections,
and
the
person
received
23
a
felony
or
an
aggravated
misdemeanor
sentence
for
the
offense,
24
and
at
least
two
of
the
prior
convictions
occurred
in
the
25
previous
ten
years.
26
c.
An
aggravated
misdemeanor
if
either
of
the
following
27
circumstances
exist:
28
(1)
The
value
of
the
property
stolen
is
more
than
five
29
hundred
dollars
but
not
more
than
one
thousand
dollars.
30
(2)
The
value
of
the
property
is
five
hundred
dollars
31
or
less
and
the
person
commits
the
offense
within
ten
years
32
of
a
previous
conviction
under
this
section,
section
713.1,
33
section
714.1,
subsection
1,
3,
4,
or
6,
section
714.7B,
or
34
section
714.7C,
or
a
statute
from
another
state,
the
United
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States,
or
a
foreign
jurisdiction,
in
conformity
with
any
of
1
those
sections,
and
the
person
received
a
felony
or
aggravated
2
misdemeanor
sentence
for
the
offense.
3
d.
A
serious
misdemeanor
if
the
value
of
the
property
stolen
4
is
five
hundred
dollars
or
less.
5
4.
The
value
of
the
retail
merchandise
received
by
the
6
defendant
in
violation
of
this
section
within
any
six-month
7
period
may
be
aggregated
and
the
defendant
charged
accordingly
8
in
applying
the
provisions
of
this
subdivision,
provided
that
9
when
two
or
more
offenses
are
committed
by
the
same
person
in
10
two
or
more
counties,
the
accused
may
be
prosecuted
in
any
11
county
in
which
one
of
the
offenses
was
committed
for
all
of
12
the
offenses
aggregated
under
this
subdivision.
13
5.
If
a
violation
of
this
section
creates
a
reasonably
14
foreseeable
risk
of
bodily
harm
to
another,
the
penalties
15
described
in
subsection
3
are
enhanced
as
follows:
16
a.
If
the
penalty
is
a
serious
misdemeanor
or
an
aggravated
17
misdemeanor,
the
offense
shall
be
classified
and
punished
as
an
18
offense
one
degree
higher
than
the
underlying
offense.
19
b.
If
the
penalty
is
a
felony,
the
offense
shall
be
20
classified
and
punished
as
an
offense
one
degree
higher
than
21
the
underlying
offense.
22
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
23
importance,
takes
effect
upon
enactment.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
establishes
the
criminal
offense
of
organized
28
retail
theft.
29
The
bill
defines
a
“pattern
of
retail
theft”
to
mean
acts
30
committed
or
directed
by
a
person
on
at
least
two
separate
31
occasions
in
the
preceding
six
months
that
would
constitute
a
32
violation
of
any
of
the
following:
burglary
under
Code
section
33
713.1
when
the
building
is
a
retail
establishment,
theft
under
34
Code
section
714.1,
subsection
1,
3,
4,
or
6,
involving
retail
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merchandise,
a
violation
of
Code
section
714.7B
concerning
1
theft
detection
devices,
and
theft
of
pseudoephedrine,
under
2
Code
section
714.7C,
from
a
retail
establishment.
The
bill
3
defines
“retail
theft
enterprise”
to
mean
a
group
of
two
or
4
more
individuals
with
a
shared
goal
involving
the
unauthorized
5
removal
of
retail
merchandise
from
a
retailer.
“Retail
theft
6
enterprise”
does
not
require
the
membership
of
the
enterprise
7
to
remain
the
same
or
that
the
same
individuals
participate
8
in
each
offense
committed
by
the
enterprise.
The
bill
9
also
defines
“retail
establishment”,
“retail
merchandise”,
10
“retailer”,
and
“value”.
11
The
bill
provides
that
a
person
commits
organized
retail
12
theft
when
all
of
the
following
occur:
the
person
is
employed
13
by
or
associated
with
a
retail
theft
enterprise;
the
person
14
has
previously
engaged
in
a
pattern
of
retail
theft
and
15
intentionally
commits
an
act
or
directs
another
member
of
the
16
retail
theft
enterprise
to
commit
an
act
involving
retail
17
merchandise
that
is
a
violation
of
Code
section
713.1,
Code
18
section
714.1,
subsection
1,
3,
4,
or
6,
Code
section
714.7B,
19
or
Code
section
714.7C;
and
the
person
or
another
member
of
the
20
retail
theft
enterprise
sells
or
intends
to
sell
the
stolen
21
retail
merchandise,
advertises
or
displays
any
item
of
the
22
stolen
retail
merchandise
for
sale,
or
returns
any
item
of
the
23
stolen
retail
merchandise
to
a
retailer
for
anything
of
value.
24
The
bill
provides
that
a
person
who
commits
organized
retail
25
theft
is
guilty
of
the
following:
a
class
“C”
felony
if
the
26
value
of
the
property
stolen
exceeds
$5,000;
a
class
“D”
felony
27
if
either
the
value
of
the
property
stolen
is
more
than
$1,000
28
but
not
more
than
$5,000,
or
the
value
of
the
property
is
more
29
than
$500
but
not
more
than
$1,000
and
the
person
has
been
30
convicted
at
least
twice
before
for
a
violation
of
the
bill
or
31
one
of
the
other
qualifying
offenses,
the
person
received
a
32
felony
or
an
aggravated
misdemeanor
sentence
for
the
offense,
33
and
at
least
two
of
the
prior
convictions
occurred
in
the
34
previous
10
years;
an
aggravated
misdemeanor
if
either
the
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value
of
the
property
stolen
is
more
than
$500
but
not
more
1
than
$1,000,
or
the
value
of
the
property
is
$500
or
less
and
2
the
person
commits
the
offense
within
10
years
of
a
previous
3
conviction
under
the
bill
or
one
of
the
other
qualifying
4
offenses
and
the
person
received
a
felony
or
aggravated
5
misdemeanor
sentence
for
the
offense;
or
a
serious
misdemeanor
6
if
the
value
of
the
property
stolen
is
$500
or
less.
7
The
bill
provides
that
the
value
of
the
retail
merchandise
8
received
by
the
defendant
in
violation
of
the
bill
within
any
9
six-month
period
may
be
aggregated
and
the
defendant
charged
10
accordingly.
11
The
bill
provides
that
if
a
violation
of
the
bill
creates
12
a
reasonably
foreseeable
risk
of
bodily
harm
to
another,
the
13
penalties
described
in
the
bill
are
enhanced
as
follows:
14
if
the
penalty
is
a
serious
misdemeanor
or
an
aggravated
15
misdemeanor,
the
offense
shall
be
classified
and
punished
as
16
an
offense
one
degree
higher
than
the
underlying
offense;
if
17
the
penalty
is
a
felony,
the
offense
shall
be
classified
and
18
punished
as
an
offense
one
degree
higher
than
the
underlying
19
offense.
20
The
bill
takes
effect
upon
enactment.
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