Delaware General Assembly

Stricken

The General Assembly has ended, the current status is the final status.

HB 121

5/16/07

Miro

This amendment removes surplus language from the bill text, while maintaining the intent of creating the new offense of Theft: Organized Retail Crime. The existing charge of Receiving Stolen Property may be used against persons who buy or receive merchandise obtained from an organized retail crime theft. Elsewhere in §841 the possible penalties are designated. The new theft charge is a class A misdemeanor if the value of the theft of retail merchandise is less than $1,000. If the value is $1,000 or more, it is a class G felony. If the value is more than $50,000 but less than $100,000, it is a class E felony; if $100,000 or more, a class C felony. If the victim is 62 or older, or is an infirm adult or a disabled person, the charge becomes a class G felony instead of a class A misdemeanor, or a class F felony instead of a class G felony. A new penalty is that if a defendant has two or more times been convicted of Theft: Organized Retail Crime, the charge becomes a class E felony. A class A misdemeanor is punishable by a fine of up to $2,300 or a term of imprisonment of up to 1 year, or both, and any fines, costs, and conditions that the court orders. A class G felony carries a term of imprisonment of up to 2 years; a class F felony, up to 3 years; a class E felony, up to 5 years; a class C felony, up to 15 years; and as to all: such other fines and penalties as the court considers appropriate. Full restitution to the victim for any monetary losses suffered must also be ordered by the court.

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