HF 2802

as introduced - 91st Legislature (2019 - 2020) Posted on 04/03/2019 11:00am

A bill for an act
relating to public safety; establishing the crime of organized retail theft; proposing
coding for new law in Minnesota Statutes, chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [609.522] ORGANIZED RETAIL THEFT.
new text end

new text begin Subdivision 1. new text end

new text begin Organized retail theft. new text end

new text begin Whoever does any of the following commits
organized retail theft and may be sentenced as provided in subdivision 2:
new text end

new text begin (1) steals retail merchandise from a retail merchant and resells that merchandise;
new text end

new text begin (2) steals retail merchandise from a retail merchant and advertises or displays that
merchandise for sale;
new text end

new text begin (3) steals retail merchandise from a retail merchant and returns that merchandise to a
retail merchant for anything of value;
new text end

new text begin (4) receives, purchases, or possesses retail merchandise knowing or having reason to
know the property was stolen from a retail merchant and with the intent to resell that
merchandise;
new text end

new text begin (5) aids, advises, hires, counsels, or conspires with another to commit an offense under
this section; or
new text end

new text begin (6) steals retail merchandise from a retail merchant within ten years of a conviction
under this section.
new text end

new text begin Subd. 2. new text end

new text begin Sentence. new text end

new text begin Whoever commits organized retail theft may be sentenced as follows:
new text end

new text begin (1) to imprisonment for not more than 15 years or to payment of a fine of not more than
$35,000, or both, if the value of the property stolen exceeds $5,000;
new text end

new text begin (2) to imprisonment for not more than seven years or to payment of a fine of not more
than $14,000, or both, if either of the following circumstances exist:
new text end

new text begin (i) the value of the property stolen is more than $1,000 but not more than $5,000; or
new text end

new text begin (ii) the person commits the offense within ten years of the first of two or more convictions
under this section;
new text end

new text begin (3) to imprisonment for not more than two years or to payment of a fine of not more
than $5,000, or both, if either of the following circumstances exist:
new text end

new text begin (i) the value of the property stolen is more than $500 but not more than $1,000; or
new text end

new text begin (ii) the person commits the offense within ten years of a previous conviction under this
section; or
new text end

new text begin (4) to imprisonment of not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property stolen is $500 or less.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end