2016 -- H 7335

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LC003759

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- SHOPLIFTING

     

     Introduced By: Representatives Ajello, Almeida, Lombardi, Craven, and Regunberg

     Date Introduced: January 27, 2016

     Referred To: House Judiciary

     (Public Defender)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-41-20 of the General Laws in Chapter 11-41 entitled "Theft,

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Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows:

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     11-41-20. Shoplifting. -- (a) For the purpose of this section:

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      (1) "Conceal" means to place merchandise in such a manner that it is not visible through

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ordinary observation.

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      (2) "Full retail value" means the merchant's stated price of the merchandise.

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      (3) "Merchandise" means any items of tangible personal property offered for sale within

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a retail mercantile establishment.

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      (4) "Merchant" means an owner or operator of any retail mercantile establishment or any

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agent, employee, lessee, officer, or director of the owner or operator.

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      (5) "Premises of a retail mercantile establishment" includes the retail mercantile

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establishment, and common use areas in shopping centers, and all parking areas set aside by a

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merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons

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of the retail mercantile establishment.

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      (6) "Retail mercantile establishment" means any place where merchandise is displayed,

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held, stored or offered for sale to the public.

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      (7) "Shopping cart" means those push carts of the type or types which are commonly

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provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the

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public in transporting commodities on or from the premises of the retail mercantile establishment.

 

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      (b) Whoever shall engage in the following shall be guilty of the crime of shoplifting:

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      (1) Take possession of, carry away, transfer or cause to be carried away or transferred

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any merchandise displayed, held, stored, or offered for sale by a retail mercantile establishment

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with the intention of depriving the merchant of all or any part of the full retail value of the

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merchandise;

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      (2) Alter, transfer, or remove a label, price tag, marking, indicia of value or any other

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markings which aid in determining value affixed to any merchandise displayed, held, stored or

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offered for sale in a retail mercantile establishment and attempt to purchase or purchase the

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merchandise personally or in consort with another at less than the full retail value with the

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intention of depriving the merchant of all or any part of the full retail value of such merchandise;

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      (3) Transfer any merchandise displayed, held, stored or offered for sale in a retail

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mercantile establishment from one container to another in an attempt to purchase or purchase the

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merchandise personally or in consort with another at less than the full retail value with the

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intention of depriving the merchant of all or any part of the full retail value of the merchandise; or

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      (4) Remove a shopping cart from the premises of a retail mercantile establishment

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without the consent of the merchant given at the time of the removal with the intention of

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depriving the merchant of the possession, use, or benefit of the cart.

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      (c) The fact that a person conceals upon his person, among his or her belongings, or

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upon the person or among the belongings of another merchandise displayed, held, stored or

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offered for sale in a retail mercantile establishment, for which he or she has not paid the full retail

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value, and the merchandise has been taken beyond the area within the retail mercantile

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establishment where payment for it is to be made, shall be prima facie evidence that the person

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has possessed, carried away, or transferred the merchandise with the intention of depriving the

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merchant of all or part of the full retail value of the merchandise without paying the full retail

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value of the merchandise.

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      (d) Any person convicted of the crime of shoplifting, first offense, shall be guilty of a

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misdemeanor violation and shall be punished by a fine of not less than fifty dollars ($50.00) or

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two times the full retail value of the merchandise, whichever is greater, but not more than five

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hundred dollars ($500), or by imprisonment for not more than one year, or both; provided, that

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any person convicted of the crime of shoplifting, second offense, shall be guilty of a

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misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or two

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(2) times the retail value of the merchandise, whichever is greater, but not more than one

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thousand dollars ($1,000); provided, further, that any person convicted of the crime of shoplifting

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merchandise with a retail value of over one hundred dollars ($100) who has previously been

 

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convicted of shoplifting shall be guilty of a felony and shall be punished by a fine of not more

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than five thousand dollars ($5,000), or by imprisonment of not more than five (5) years, or both.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- SHOPLIFTING

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     This act would reclassify the offense of shoplifting from a crime to a violation for a first

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offense conviction punishable by a fine only, and would punish a second offense as a

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misdemeanor, punishable by a fine only without the possibility of a prison sentence.

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     This act would take effect upon passage.

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