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HB 0327 - Organized Retail Crime Prevention Act; enact

Tracking Level: Monitor
Sponsor: Martin Momtahan
Last Action: 5/4/2021 - Effective Date 2021-07-01
House Committee: Judiciary - Non-Civil
Senate Committee: Judiciary
Assigned To:
12. All CourtsNext Bill
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Staff Analysis of the Legislation

HB 327 creates the Organized Retail Crime Prevention Act and adds several requirements for the resale of gift cards by merchants who specialize in the sale of gift cards that are not authorized by the corporate issuer nor its agent, defining these merchants as "third-party card dealers". The bill mandates that third-party card dealers maintain permanent records for three years with the following information: the date of transaction, the name of the person conducting the transaction, the name, age, and address of the seller, the customer's driver's license number or other similar identification card, the value amount on the gift card, the price paid, and the customer’s signature. These entries must be logged into a secure technology platform with no alterations and are subject to the inspection of authorized law enforcement officers during ordinary business hours or at any other reasonable time. 

HB 327 additionally assigns a misdemeanor offense for a third-party card dealer, its agents, or its employees who consciously do the following: fail to make an entry of any material matter in the records, make any false entry, falsify, destroy, or remove the records, refuse to allow an authorized law enforcement agent to inspect the records or any stored value card, or fail to maintain a record of each required transaction for at least three years.  

The bill additionally clarifies that the definition of "retail property" as it relates to retail property fencing, civil forfeiture, or other matters is not required to be new items. The definition of "conviction" is also expanded to include pleas of nolo contendere.  

HB 327 assigns a felony crime for organized retail theft, which is defined as when a person intentionally organizes others to steal property of a store for purposes of reselling that property for monetary gain. The aggregate value of the property must be $25,000 or more, and the property must be placed in control of a retail property fence for resale or intended resale. The punishment for the crime is imprisonment of between three to twenty years, a maximum fine of $50,000, or both. 

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text