Bill Text: IA HF2594 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act establishing the criminal offense of organized retail theft, providing penalties, and including effective date provisions. (Formerly HSB 705.) Effective date: 04/10/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-05-03 - Fiscal note. [HF2594 Detail]
Download: Iowa-2023-HF2594-Enrolled.html
House
File
2594
-
Enrolled
House
File
2594
AN
ACT
ESTABLISHING
THE
CRIMINAL
OFFENSE
OF
ORGANIZED
RETAIL
THEFT,
PROVIDING
PENALTIES,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
714.2B
Organized
retail
theft.
1.
As
used
in
this
section,
unless
the
context
otherwise
requires:
a.
“Pattern
of
retail
theft”
means
acts
committed
or
directed
by
a
person
on
at
least
two
separate
occasions
in
the
preceding
six
months
that
would
constitute
a
violation
of
any
of
the
following:
(1)
Burglary
under
section
713.1
when
the
structure
is
a
retail
establishment.
(2)
Theft
under
section
714.1,
subsection
1,
3,
4,
or
6,
involving
retail
merchandise.
(3)
A
violation
of
section
714.7B
concerning
theft
detection
devices.
(4)
Theft
of
pseudoephedrine,
under
section
714.7C,
from
a
retail
establishment.
House
File
2594,
p.
2
b.
“Retail
establishment”
means
the
building
where
a
retailer
sells
retail
merchandise.
c.
“Retail
merchandise”
means
all
forms
of
tangible
property
held
out
for
sale
by
a
retailer.
d.
“Retail
theft
enterprise”
means
a
group
of
two
or
more
individuals
with
a
shared
goal
involving
the
unauthorized
removal
of
retail
merchandise
from
a
retailer.
“Retail
theft
enterprise”
does
not
require
the
membership
of
the
enterprise
to
remain
the
same
or
that
the
same
individuals
participate
in
each
offense
committed
by
the
enterprise.
e.
“Retailer”
means
a
person
or
entity
that
sells
retail
merchandise.
f.
“Value”
means
the
same
as
provided
in
section
714.3.
2.
A
person
commits
organized
retail
theft
when
all
of
the
following
occur:
a.
The
person
is
employed
by
or
associated
with
a
retail
theft
enterprise.
b.
The
person
has
previously
engaged
in
a
pattern
of
retail
theft
and
intentionally
commits
an
act
or
directs
another
member
of
the
retail
theft
enterprise
to
commit
an
act
involving
retail
merchandise
that
is
a
violation
of
section
713.1,
section
714.1,
subsection
1,
3,
4,
or
6,
section
714.7B,
or
section
714.7C.
c.
The
person
or
another
member
of
the
retail
theft
enterprise
sells
or
intends
to
sell
the
stolen
retail
merchandise,
advertises
or
displays
any
item
of
the
stolen
retail
merchandise
for
sale,
or
returns
any
item
of
the
stolen
retail
merchandise
to
a
retailer
for
anything
of
value.
3.
A
person
who
commits
organized
retail
theft
is
guilty
of
the
following:
a.
A
class
“C”
felony
if
the
value
of
the
property
stolen
exceeds
five
thousand
dollars.
b.
A
class
“D”
felony
if
either
of
the
following
circumstances
exists:
(1)
The
value
of
the
property
stolen
is
more
than
one
thousand
dollars
but
not
more
than
five
thousand
dollars.
(2)
The
value
of
the
property
is
more
than
five
hundred
dollars
but
not
more
than
one
thousand
dollars
and
the
person
has
been
convicted
at
least
twice
before
for
a
violation
of
House
File
2594,
p.
3
this
section,
section
713.1,
section
714.1,
subsection
1,
3,
4,
or
6,
section
714.7B,
or
section
714.7C,
or
a
statute
from
another
state,
the
United
States,
or
a
foreign
jurisdiction,
in
conformity
with
any
of
those
sections,
and
the
person
received
a
felony
or
an
aggravated
misdemeanor
sentence
for
the
offense,
and
at
least
two
of
the
prior
convictions
occurred
in
the
previous
ten
years.
c.
An
aggravated
misdemeanor
if
either
of
the
following
circumstances
exist:
(1)
The
value
of
the
property
stolen
is
more
than
five
hundred
dollars
but
not
more
than
one
thousand
dollars.
(2)
The
value
of
the
property
is
five
hundred
dollars
or
less
and
the
person
commits
the
offense
within
ten
years
of
a
previous
conviction
under
this
section,
section
713.1,
section
714.1,
subsection
1,
3,
4,
or
6,
section
714.7B,
or
section
714.7C,
or
a
statute
from
another
state,
the
United
States,
or
a
foreign
jurisdiction,
in
conformity
with
any
of
those
sections,
and
the
person
received
a
felony
or
aggravated
misdemeanor
sentence
for
the
offense.
d.
A
serious
misdemeanor
if
the
value
of
the
property
stolen
is
five
hundred
dollars
or
less.
4.
The
value
of
the
retail
merchandise
received
by
the
defendant
in
violation
of
this
section
within
any
six-month
period
may
be
aggregated
and
the
defendant
charged
accordingly
in
applying
the
provisions
of
this
subdivision,
provided
that
when
two
or
more
offenses
are
committed
by
the
same
person
in
two
or
more
counties,
the
accused
may
be
prosecuted
in
any
county
in
which
one
of
the
offenses
was
committed
for
all
of
the
offenses
aggregated
under
this
subdivision.
5.
If
a
violation
of
this
section
creates
a
reasonably
foreseeable
risk
of
bodily
harm
to
another,
the
penalties
described
in
subsection
3
are
enhanced
as
follows:
a.
If
the
penalty
is
a
serious
misdemeanor
or
an
aggravated
misdemeanor,
the
offense
shall
be
classified
and
punished
as
an
offense
one
degree
higher
than
the
underlying
offense.
b.
If
the
penalty
is
a
felony,
the
offense
shall
be
classified
and
punished
as
an
offense
one
degree
higher
than
the
underlying
offense.
House
File
2594,
p.
4
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2594,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
