Amends TCA Title 38; Title 39; Title 40 and Title 68.

Present law generally provides that a person commits the offense of organized retail crime when the person acts in concert with one or more individuals to commit theft of any merchandise with a value greater than $1,000 aggregated over a 90-day period with the intent to (i) sell, barter, or trade the merchandise for monetary or other gain or (ii) fraudulently return the merchandise to a retail merchant. Such a violation is punished as theft, which can be classified anywhere from a Class A misdemeanor to a Class A felony based on the dollar amount of the items or services at issue. This bill clarifies that, in no event, can the punishment for the offense of organized retail crime as defined in these provisions be less than a Class E felony. A Class E felony is generally punishable by not less than one year nor more than six years imprisonment and a fine not to exceed $3,000.<br /> <br /> THEFT OF PROPERTY<br /> <br /> Present law provides that a person commits theft of property if the person, with the intent to deprive a merchant of the stated price of merchandise, knowingly (i) conceals the merchandise; (ii) removes, takes possession of, or causes the removal of merchandise; (iii) alters, transfers or removes any price marking, or any other marking which aids in determining value affixed to the merchandise; (iv) transfers the merchandise from one container to another; (v) causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise; (vi) removes, destroys, deactivates, or evades any component of an anti-shoplifting or inventory control device to commit or facilitate a theft; (vii) uses any artifice, instrument, container, device, or other article to commit or facilitate a theft; or (viii) activates or interferes with a fire alarm system to commit or facilitate a theft.<br /> <br /> This bill clarifies that, in no event, can the punishment for the offense of theft of property be less than a Class E felony. A Class E felony is generally punishable by not less than one year nor more than six years imprisonment and a fine not to exceed $3,000.<br /> <br /> APPLICABILITY<br /> <br /> This bill applies to prohibited conduct occurring on or after July 1, 2024.<br />