Bill Text: NJ A5823 | 2022-2023 | Regular Session | Introduced
Bill Title: Establishes Organized Retail Theft Prosecution Unit in DLPS.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-12-04 - Introduced, Referred to Assembly Law and Public Safety Committee [A5823 Detail]
Download: New_Jersey-2022-A5823-Introduced.html
Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Establishes Organized Retail Theft Prosecution Unit in DLPS.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the prosecution of certain retail theft crimes and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Retailers in New Jersey and across the United States are experiencing unprecedented levels of theft in their stores.
b. In September 2023, the Loss Prevention Research Council and National Retail Federation released the 2023 National Retail Security Survey in which 177 retail brands and more than 97,000 retail locations were surveyed. The survey revealed a significant increase in organized retail crime, with retail theft losses totaling $122.1 billion in 2022, a 19 percent increase from 2021. In addition to severe economic consequences, the survey indicates that two-thirds of respondents experienced an increase in violence and aggression from organized retail theft perpetrators.
c. The United States Chamber of Commerce reports that organized retail theft has resulted in the loss of nearly 700,000 jobs nationwide due to over $125 billion in economic losses.
d. Organized retail crime cuts into tax revenue and increases prices, adding to the burdens already faced by the residents of this State.
e. In a March 2022 letter to federal and state officials, the United States Chamber of Commerce declared organized retail crime to be a national crisis, and called upon policymakers to take specific actions to help businesses fight crime.
f. The establishment of an Organized Retail Theft Prosecution Unit within the Department of Law and Public Safety is an important step to protecting businesses in New Jersey and increasing public safety.
2. As used in P.L. , c. (C. )(pending before the Legislature as this bill): "retail theft" means a crime of shoplifting pursuant to N.J.S.2C:20-11; leader of organized retail theft enterprise pursuant to section 2 of P.L.2006, c.56 (C.2C:20-11.2); or theft as defined in chapter 20 of Title 2C of the New Jersey Statutes that involves the stealing of merchandise.
3. a. The Attorney General shall establish an Organized Retail Theft Prosecution Unit in the Department of Law and Public Safety which shall consist of one or more assistant or deputy attorney general. The unit shall be overseen by an assistant or deputy attorney general who shall be designated an Organized Retail Theft Prosecution Coordinator.
b. The Organized Retail Theft Prosecution Coordinator shall be responsible for overseeing and coordinating the duties of the Organized Retail Theft Prosecution Unit.
c. The Organized Retail Theft Prosecution Unit shall be responsible for:
(1) investigating and, if warranted, prosecuting cases concerning acts of retail theft; and
(2) assisting county prosecutors in the investigation and prosecution of acts of retail theft.
d. Pursuant to notification procedures established by the Attorney General, a county prosecutor, law enforcement officer, special officer, or merchant may notify the Organized Retail Theft Prosecution Coordinator of allegations that a crime of retail theft was committed.
e. A county prosecutor shall notify the Organized Retail Theft Prosecution Coordinator that a crime of retail theft was allegedly committed by a defendant:
(1) if there is probable cause that the defendant has committed two or more criminal acts of retail theft in the State; or
(2) if there is probable cause that the defendant has committed one or more acts of retail theft in this State and one or more acts of retail theft in another state; or
(3) if the defendant has previously been convicted of retail theft in this State or another state.
4. The Organized Retail Theft Prosecution Coordinator shall annually report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the duties of the Organized Retail Theft Prosecution Unit. The report shall include, but not be limited to, information concerning the number of charges for criminal acts of retail theft allegedly committed in this State, as well as the number of prosecutions and convictions that resulted from the investigations into the alleged criminal acts. The report also shall include any recommendations for legislative changes or improvements deemed appropriate to reduce crimes of retail theft in this State.
5. This act shall take effect on the first day of the seventh month next following the date of enactment. However, the Attorney General may take such anticipatory action in advance of that date as may be necessary for the timely implementation of this act.
STATEMENT
This bill establishes an Organized Retail Theft Prosecution Unit within the Department of Law and Public Safety to address the unprecedented levels of organized retail theft experienced by retailers in New Jersey. The bill defines "retail theft" to mean a crime of shoplifting pursuant to N.J.S.2C:20-11; leader of organized retail theft enterprise pursuant to section 2 of P.L.2006, c.56 (C.2C:20-11.2); or theft as defined in Chapter 20 of Title 2C of the New Jersey Statutes that involves the stealing of merchandise.
In September 2023, the Loss Prevention Research Council and National Retail Federation released the 2023 National Retail Security Survey, in which 177 retail brands and more than 97,000 retail locations were surveyed. The survey indicated a significant nationwide increase in organized retail crime, with retail theft losses totaling $122.1 billion in 2022, a 19 percent increase from 2021. In addition to severe economic consequences, the survey indicates that two-thirds of respondents experienced an increase in violence and aggression from organized retail theft perpetrators.
The United States Chamber of Commerce reports that organized retail theft has resulted in the loss of nearly 700,000 jobs nationwide due to over $125 billion in economic losses. In a March 2022 letter to federal and state officials, the Chamber declared organized retail crime to be a national crisis, and called upon policymakers to take specific actions to help businesses fight crime.
Under the bill, the Organized Retail Theft Prosecution Unit would consist of one or more assistant or deputy attorneys general. The unit would be overseen by an assistant or deputy attorney general who is to be designated an Organized Retail Theft Prosecution Coordinator. The duties of the Organized Retail Theft Prosecution Unit are: to investigate and, if warranted, prosecute cases concerning acts of retail theft; and assist county prosecutors in the investigation and prosecution of acts of retail theft. The provisions of the bill provide that, pursuant to notification procedures established by the Attorney General, a county prosecutor, law enforcement officer, special officer, or merchant may notify the Organized Retail Theft Prosecution Coordinator of allegations that a crime of retail theft was committed. However, a county prosecutor is required to notify the coordinator that a crime of retail theft was allegedly committed by a defendant: if there is probable cause that the defendant has committed two or more criminal acts of retail theft in the State; if there is probable cause that the defendant has committed one or more acts of retail theft in this State and one or more acts of retail theft in another state; or if the defendant has previously been convicted of retail theft in this State or another state. The provisions of the bill also require the Organized Retail Theft Prosecution Coordinator to annually report to the Governor and the Legislature on the duties of the Organized Retail Theft Prosecution Unit. The report also is required to include information concerning the number of criminal charges, prosecutions, and convictions for acts of retail theft, as well as any recommendations for legislative changes or improvements deemed appropriate to reduce crimes of retail theft in this State.
This bill is modeled on a similar bill in Pennsylvania, which passed the state Senate on November 15, 2023 and has been referred to the House Judiciary Committee.
