08 HB1346/AP
House
Bill 1346 (AS PASSED HOUSE AND SENATE)
By:
Representatives O`Neal of the
146th
and Talton of the
145th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia
Annotated, relating to theft, so as to create the offense of retail property
fencing; to provide for definitions; to provide for forfeiture; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating
to theft, is amended by adding a new Code section to read as
follows:
"16-8-5.2.
(a)
As used in this Code section, the term:
(1)
'Retail property' means any new article, product, commodity, item, or component
intended to be sold in retail commerce.
(2)
'Retail property fence' means a person or entity that buys, sells, transfers, or
possesses with the intent to sell or transfer retail property that such person
knows or should have known was stolen.
(3)
'Value' means the retail value of the item as stated or advertised by the
affected retail establishment, to include applicable taxes.
(b)
A person commits the offense of retail property fencing when such persons
receives, disposes of, or retains retail property which was unlawfully taken or
shoplifted over a period not to exceed 180 days with the intent to:
(1)
Transfer, sell, or distribute such retail property to a retail property fence;
or
(2)
Attempt or cause such retail property to be offered for sale, transfer, or
distribution for money or other things of value.
(c)
Whoever knowingly receives, possesses, conceals, stores, barters, sells, or
disposes of retail property with the intent to distribute any retail property
which is known or should be known to have been taken or stolen in violation of
this subsection with the intent to distribute the proceeds, or to otherwise
promote, manage, carry on, or facilitate an offense described in this
subsection, shall have committed the offense of retail property
fencing.
(d)(1)
It shall not be necessary in any prosecution under this Code section for the
state to prove that any intended profit was actually realized. The trier of
fact may infer that a particular scheme or course of conduct was undertaken for
profit from all of the attending circumstances.
(2)
It shall not be a defense to violating this Code section that the property was
obtained by means other than through the commission of a theft offense if the
property was explicitly represented to the accused as being obtained through the
commission of a theft.
(e)
Any property constituting proceeds derived from or realized through a violation
of this Code section shall be subject to forfeiture to the State of Georgia
except that no property of any owner shall be forfeited under this subsection,
to the extent of the interest of such owner, by reason of an act or omission
established by such owner to have been committed or omitted without knowledge or
consent of such owner. The procedure for forfeiture and disposition of
forfeited property under this subsection shall be as provided for under Code
Section 16-13-49.
(f)
Each violation of this Code section shall constitute a separate
offense."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.