2023 Regular SessionVirginia Legislature

HB1885: Organized retail theft; establishes as a crime, report, penalty.

Legislative Summary

Organized retail theft; report; penalty. Establishes the crime of organized retail theft that makes it a Class 3 felony for any person who conspires or acts in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $5,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, and who takes or causes such retail property to be placed in the control of a retail property fence or other person and either (i) receives or possesses any retail property that has been obtained by simple larceny from one or more retail mercantile establishments while knowing or having reasonable grounds to believe the property was unlawfully obtained or (ii) conspires or acts in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments. The bill defines the terms retail mercantile establishment, retail property, and retail property fence. The bill also establishes the Organized Retail Crime Fund to be administered by the Attorney General solely for the purposes of awarding grants to attorneys for the Commonwealth and law-enforcement agencies to investigate, indict, and prosecute violations of organized retail theft and associated fraud and property crimes.

Demographic Impact

Overall analysis of equity impact

60% Bias
Medium ConfidenceView detailed demographic breakdown ↓

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Bill History

1/10/2023
Prefiled and ordered printed; offered 01/11/23 23101037D
House of Delegates
1/10/2023
Referred to Committee for Courts of Justice
House of Delegates
1/24/2023
Assigned Courts sub: Subcommittee #1
House of Delegates
1/25/2023
Subcommittee recommends reporting (7-Y 1-N)
House of Delegates
1/25/2023
Subcommittee recommends referring to Committee on Appropriations
House of Delegates
1/27/2023
Reported from Courts of Justice (15-Y 5-N)
House of Delegates
1/27/2023
Referred to Committee on Appropriations
House of Delegates
1/27/2023
Assigned App. sub: Transportation & Public Safety
House of Delegates
1/30/2023
Subcommittee recommends reporting (8-Y 0-N)
House of Delegates
1/30/2023
Reported from Appropriations (16-Y 6-N)
House of Delegates
2/1/2023
Read first time
House of Delegates
2/2/2023
Read second time and engrossed
House of Delegates
2/3/2023
Passed by for the day
House of Delegates
2/6/2023
Read third time and passed House (52-Y 47-N)
House of Delegates
2/6/2023
VOTE: Passage (52-Y 47-N)
House of Delegates
2/7/2023
Constitutional reading dispensed
Senate
2/7/2023
Referred to Committee on the Judiciary
Senate
2/15/2023
Reported from Judiciary with substitute (14-Y 0-N 1-A)
Senate
2/15/2023
Committee substitute printed 23106924D-S1
Senate
2/15/2023
Rereferred to Finance and Appropriations
Senate
2/16/2023
Reported from Finance and Appropriations (16-Y 0-N)
Senate
2/20/2023
Constitutional reading dispensed (40-Y 0-N)
Senate
2/21/2023
Read third time
Senate
2/21/2023
Reading of substitute waived
Senate
2/21/2023
Committee substitute agreed to 23106924D-S1
Senate
2/21/2023
Engrossed by Senate - committee substitute HB1885S1
Senate
2/21/2023
Passed Senate with substitute (32-Y 7-N)
Senate
2/22/2023
Senate substitute agreed to by House 23106924D-S1 (51-Y 46-N)
House of Delegates
2/22/2023
VOTE: Adoption (51-Y 46-N)
House of Delegates
2/22/2023
Reconsideration of Senate substitute agreed to by House
House of Delegates
2/22/2023
Senate substitute agreed to by House (52-Y 45-N)
House of Delegates
2/22/2023
VOTE: Adoption #2 (52-Y 45-N)
House of Delegates
3/7/2023
Enrolled
House of Delegates
3/7/2023
Bill text as passed House and Senate (HB1885ER)
House of Delegates
3/8/2023
Signed by Speaker
House of Delegates
3/8/2023
Signed by President
Senate
3/13/2023
Enrolled Bill communicated to Governor on March 13, 2023
House of Delegates
3/13/2023
Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
3/23/2023
Governor: Approved by Governor-Chapter 357 (effective 7/1/23)
3/23/2023
Governor: Acts of Assembly Chapter text (CHAP0357)

Roll Call Votes

House: VOTE: Adoption #2 (52-Y 45-N)
2/22/2023
52
Yea
45
Nay
0
Not Voting
3
Absent
Result: PASSED
House: VOTE: Adoption (51-Y 46-N)
2/22/2023
51
Yea
46
Nay
0
Not Voting
3
Absent
Result: PASSED
Senate: Passed Senate with substitute (32-Y 7-N)
2/21/2023
32
Yea
7
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
2/20/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Finance and Appropriations (16-Y 0-N)
2/16/2023
16
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Judiciary with substitute (14-Y 0-N 1-A)
2/15/2023
14
Yea
0
Nay
1
Not Voting
0
Absent
Result: PASSED
House: VOTE: Passage (52-Y 47-N)
2/6/2023
52
Yea
47
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Reported from Appropriations (16-Y 6-N)
1/30/2023
16
Yea
6
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting (8-Y 0-N)
1/30/2023
8
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Reported from Courts of Justice (15-Y 5-N)
1/27/2023
15
Yea
5
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting (7-Y 1-N)
1/25/2023
7
Yea
1
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(3/23/2023)
Chamber
House of Delegates
Sine DiePrior Session

Documents

Chaptered
Bill Text3/23/202317.5 KB
Enrolled
Bill Text3/7/202317.5 KB
Comm Sub
Bill Text2/15/202317.7 KB
Prefiled
Bill Text1/10/202321.0 KB
Fiscal Note/Analysis
Fiscal Note/Analysis3/7/202371.3 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/22/202370.8 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/16/202343.4 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/28/202372.1 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/23/202363.6 KB