Governor Phil Murphy signed A-4755/S-3587, which establishes and upgrades certain crimes related to retail theft, provides that repeat offenders can be sentenced to extended prison terms, addresses gift card fraud, and requires the Attorney General to take actions to combat organized retail theft.
To impose stricter penalties for these crimes and establish a dedicated effort to combat organized retail theft, the bill specifically:
- Upgrades any simple assault to an aggravated assault when committed against a retail employee engaged in the performance of their duties;
- Upgrades to a second-degree crime the failure to pay a tax, fee, penalty, or interest due if accrued through conduct as a leader of an organized retail theft enterprise;
- Establishes fostering the sale of stolen property as a disorderly person's offense;
- Provides that the value of merchandise involved in a shoplifting offense may be used to upgrade the offense;
- Provides that a person may be sentenced to an extended prison term for repeat convictions related to retail theft;
- Requires merchants that sell gift cards to ensure that the gift cards are enclosed in secure packaging and that they display a consumer notice related to gift card fraud provided by the Division of Consumer Affairs; and
- Requires the Attorney General to undertake steps as deemed appropriate to effectively investigate, prosecute, and deter organized retail theft, which may include establishing a retail theft unit, task force, or other office or initiative.
With this legislation now law, New Jersey is now in line with surrounding states, including New York and Pennsylvania, that have already taken similar measures to combat organized retail theft.
Please review this information with your Public Safety professionals.
Contact: Paul Penna, Director of Government Affairs, ppenna@njlm.org, 609-695-3481, x110.