‘Sec. 1. 17 MRSA §3521, as amended by PL 2005, c. 199, §2, is repealed and the following enacted in its place:
§ 3521. Detention of certain persons suspected of stealing
Sec. 2. 17-A MRSA §363 is enacted to read:
§ 363. Organized retail theft
SP0125 LD 310 |
Session - 127th Maine Legislature C "A", Filing Number S-30, Sponsored by
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LR 1131 Item 2 |
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Bill Tracking, Additional Documents | Chamber Status |
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 17 MRSA §3521, as amended by PL 2005, c. 199, §2, is repealed and the following enacted in its place:
§ 3521. Detention of certain persons suspected of stealing
Sec. 2. 17-A MRSA §363 is enacted to read:
§ 363. Organized retail theft
SUMMARY
This amendment replaces the bill. This amendment does the following.
1. It repeals and replaces a provision of law that allows the owner or an agent of the owner of a store or motion picture theater to detain a person suspected of stealing from the store or unlawfully recording in a theater. Current law allows the owner or an agent of the owner to detain a person suspected of unlawfully concealing merchandise of the store or unlawfully recording in a movie theater. The amendment separates the store and movie theater provisions and allows the owner of a store or the agent of the owner to detain a person suspected of unlawfully concealing or stealing merchandise of the store. The amendment makes no changes to the substance of the law on unlawfully recording in a motion picture theater.
2. It establishes a new crime of organized retail theft. Organized retail theft is defined as a theft in which a person conspires with one or more other persons, either as a principal or as an accomplice, pursuant to a scheme or course of conduct to engage in theft from 2 or more retail stores for the purpose of selling the stolen merchandise or conducting fraudulent returns of the stolen merchandise. The amendment designates organized retail theft as a Class C crime.