HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 318

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO CRIMINAL LAW; CREATING THE CRIME OF ORGANIZED RETAIL THEFT; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. ORGANIZED RETAIL THEFT--PENALTIES--VENUE.--

          A. Organized retail theft consists of:

                (1) committing an underlying offense in order to obtain retail property from a retail establishment with the intent to transfer the retail property to another; or

                (2) causing illegally obtained retail property to be placed in the control of another.

          B. Whoever commits organized retail theft when the market value of the retail property illegally obtained over a ninety-day period is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

          C. Whoever commits organized retail theft when the market value of the retail property illegally obtained over a ninety-day period is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

          D. Whoever commits organized retail theft when the market value of the retail property illegally obtained over a ninety-day period is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

          E. Whoever commits organized retail theft when the market value of the retail property illegally obtained over a ninety-day period is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

          F. Whoever commits organized retail theft when the market value of the retail property illegally obtained over a ninety-day period is more than twenty thousand dollars ($20,000) is guilty of a second degree felony.

          G. An offense under this section may be prosecuted in any county in which an underlying offense could have been prosecuted.

          H. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other provision of law when the conduct also constitutes a violation of that other provision.

          I. As used in this section:

                (1) "market value" means the price at which property would ordinarily be bought or sold at the time an alleged crime occurred;

                (2) "retail establishment" means a business that offers retail property for sale to the public;

                (3) "retail property" means an article, a product, a commodity, an item or a component intended to be sold by a retail establishment; and

                (4) "underlying offense" means:

                     (a) larceny, as provided in Section 30-16-1 NMSA 1978;

                     (b) burglary, as provided in Subsection B of Section 30-16-3 NMSA 1978;

                     (c) fraud, as provided in Section 30-16-6 NMSA 1978;

                     (d) embezzlement, as provided in Section 30-16-8 NMSA 1978;

                     (e) forgery, as provided in Section 30-16-10 NMSA 1978;

                     (f) shoplifting, as provided in Section 30-16-20 NMSA 1978; or

                     (g) credit card offenses, as provided in Sections 30-16-25 through 30-16-33 NMSA 1978.

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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