An Act relative to the punishment of organized retail crimes

Lead Sponsor: Representative Michael S. Day 

Impetus
The term "organized retail crime" refers to an aggravated form of larceny or shoplifting committed by three or more people acting together to steal and resell or redeem $2,500 or more within no more than six months. Under the current law, each person in these criminal organizations faces the same lengthy prison sentence. This Bill would allow minor participants, not the leaders of these criminal organizations, to face punishment in line with that faced by others who steal a similar value of property at a single time.

Given the variation of roles that individuals may have as participants in "organized retail crime," a range of greater and lesser punishments must be available in this statute, the current version of the "organized retail crime" statute requires that each offender be indicted and, if incarcerated, a sentence to the state prison must be imposed.

Need

• There should be a range of sentencing options so that minor members of a retail crimes organization receive a punishment that fits their role in the crime.
• Currently the same severe sentences are provided for both the leaders of a criminal enterprise as for the people who are directed from above to participate.

Legislative Fix

• This Bill would provide a possibility of not more than 2.5 years in a house of correction as an alternative to the current substantial terms in the state prison, and would amend c. 218, § 26, so that the District Court would have jurisdiction over these offenses concurrent with the Superior Court. This would provide a more flexible response than the present requirement of seeking a Superior Court indictment, and of providing no possible sentence but commitment to the state prison.