hb1346_LC_29_3341ERS_hcs_5.html
08 LC 29 3341ERS
House Bill 1346 (COMMITTEE SUBSTITUTE)
By: Representatives O`Neal of the 146th and Talton of the 145th


A BILL TO BE ENTITLED
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 organized retail theft; 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 an individual or entity that buys retail property and knows or should have known that the retail property was stolen.
(3) 'Value' means the retail value of the item as advertised by the affected retail establishment, to include applicable taxes.
(b) A person commits the offense of organized retail theft when two or more persons are knowingly involved in theft of retail property from a retail establishment in quantities that would not normally be purchased for personal use or consumption, aggregated over a 180 day period, with the intent to sell such retail property to a retail property fence or to place the stolen merchandise back into commerce for monetary or other gains. Whoever knowingly receives, possesses, conceals, stores, barters, sells, or disposes of retail property with the intent to distribute any retail property which has 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 organized retail theft.
(c)(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.
(d) 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.
(e) 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.