SENATE BILL 223

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

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO CRIMINAL LAW; ENACTING THE ORGANIZED RETAIL THEFT ACT; CREATING THE CRIMES OF ORGANIZED RETAIL THEFT AND DANGEROUS RETAIL THEFT; PROVIDING PENALTIES.

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

     SECTION 1. SHORT TITLE.--This act may be cited as the "Organized Retail Theft Act".

     SECTION 2. DEFINITIONS.--As used in the Organized Retail Theft Act:

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

          B. "retail establishment" means a business that offers retail property for sale to the public;

          C. "retail property" means a new article, product, commodity, item or component intended to be sold by a retail establishment;

          D. "retail property fence" means a person or business that buys retail property knowing or believing that the retail property is stolen; and

          E. "underlying offense" means:

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

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

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

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

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

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

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

     SECTION 3. 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 a retail property fence; or

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

          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 over 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 over 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 over 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 over 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.

     SECTION 4. DANGEROUS RETAIL THEFT.--

          A. Dangerous retail theft consists of illegally taking any property from a retail establishment by using an emergency door to exit the premises of the retail establishment.

          B. Whoever commits dangerous retail theft is guilty of a fourth degree felony.

          C. 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.

          D. As used in this section, "emergency door" means a door that is clearly marked as an emergency or fire exit and upon which has been placed a sign providing notice of the felony offense and punishment provided in this section.

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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