Senate Amendment 1
H 4187 - Session 125 (2023-2024)
Organized Retail Crime

Senator Hutto proposes the following amendment (SJ-4187.SW0007S):

Amend the bill, as and if amended, SECTION 1, by striking Section 16-13-135(E) and inserting:

 (E) A person who violates this section commits the offense of organized retail crime and, upon conviction:
  (1) for a first offense:
   (a) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both;, if the value of the retail property is more than two thousand dollars but less than ten thousand dollars and;
   (b) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than five years, or both, if the value of the retail property is more than ten thousand dollars but less than twenty thousand dollars;
   (c) is guilty of a felony and, upon conviction, must be fined not more than twenty thousand dollars or imprisoned for not more than ten years, or both, if the value of the retail property is more than twenty thousand dollars but less than fifty thousand dollars;
   (d) is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned for not more than twenty years, or both, if the value of the retail property is more than fifty thousand dollars;
  (2) for a second or subsequent offense, is guilty of a felony and, upon conviction, regardless of the value of the retail property in any offense, must be fined not more than tenfifty thousand dollars or imprisoned for not more than twenty years, or both.
  (3) For purposes of this section, multiple offenses occurring within a ninety-day period may be aggregated into a single count with the aggregated value used to determine the total value of the property.
  (4) Organized retail crime is a lesser-included offense of organized retail crime of an aggravated nature as provided in subsection (F).