Amend the bill, as and if amended, page 2, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Article 1, Chapter 13, Title 16 of the 1976 Code is amended by adding:
"Section 16-13-131. (A) It is unlawful for a person to create or conspire with another person to create a product code for the purpose of fraudulently obtaining goods or merchandise from a merchant at less than its actual sale price.
(B) It is unlawful for a person to commit or conspire with another person to commit larceny against a merchant by affixing a product code created for the purpose of fraudulently obtaining goods or merchandise from a merchant at less than its actual sale price.
(C) A person who violates this section:
(1) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both; and
(2) for a second or subsequent offense, is guilty of a felony, and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than ten years, or both." /
Amend the bill further, as and if amended, page 2-3, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Article 1, Chapter 13, Title 16 of the 1976 Code is amended by adding:
"Section 16-13-135. (A) As used in this section:
(1) 'Retail property' means a new article, product, commodity, item, or component intended to be sold in retail commerce.
(2) 'Retail property fence' means a person or business that buys retail property knowing or believing that the retail property is stolen.
(3) 'Theft' means to take possession of, carry away, transfer, or cause to be carried away the retail property of another with the intent to steal the retail property.
(4) 'Value' means the retail value of an item as offered for sale to the public by the affected retail establishment and includes all applicable taxes.
(B) It is unlawful for a person to:
(1) commit theft of retail property from a retail establishment, with a value exceeding two thousand dollars aggregated over a ninety-day period, with the intent to sell the retail property for monetary or other gain, and sell, barter, take, or cause the retail property to be placed in the control of a retail property fence or other person in exchange for consideration;
(2) conspire with another person to commit theft of retail property from a retail establishment, with a value exceeding two thousand dollars aggregated over a ninety-day period, with the intent to:
(a) sell, barter, or exchange the retail property for monetary or other gain; or
(b) place the retail property in the control of a retail property fence or other person in exchange for consideration; or
(3) receive, possess, or sell retail property that has been taken or stolen in violation of item (1) or (2) while knowing or having reasonable grounds to believe the property is stolen. A person is guilty of this offense whether or not anyone is convicted of the property theft.
(C) Acts committed in different counties that have been aggregated in one count may be indicted and prosecuted in any one of the counties in which the acts occurred. In a prosecution for a violation of this section, the State is not required to establish and it is not a defense that some of the acts constituting the crime did not occur within one city, county, or local jurisdiction.
(D) Property, funds, and interest a person has acquired or maintained in violation of this section is subject to forfeiture pursuant to the procedures for forfeiture as provided in Section 44-53-530.
(E) A person who violates this section:
(1) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both; and
(2) for a second or subsequent offense, is guilty of a felony, and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than twenty years, or both." /
Amend the bill further, as and if amended, page 6, by striking lines 9-12, and inserting:
/ (F)(H) Upon full satisfaction of a judgment entered under pursuant to this section, the judgment creditor must record the satisfaction on the margin of the copy of the judgment on file in the civil judgment records of the court.
(I) Any funds resulting from the collection of a judgement for unpaid fines, costs, fees, surcharges, or assessments must be distributed in the same manner and proportion as fines, costs, fees, surcharges, or assessments are distributed as otherwise set forth by law." /
Amend the bill further, as and if amended, by adding an appropriately numbered section to read:
/ SECTION __. Section 16-13-180 of the 1976 Code is amended to read:
"Section 16-13-180. (A) It is unlawful for a person to buy, receive, or possess stolen goods, chattels, or other property if the person knows or has reason to believe the goods, chattels, or property is stolen. A person is guilty of this offense whether or not anyone is convicted of the property theft of the property.
(B) It is unlawful for a person to knowingly receive or possess property from an agent of a law enforcement agency that was represented to the person by the same or other agent of the law enforcement agency as stolen. For purposes of this section, the person receiving or possessing the property need not know the person is receiving or has received the property from an agent of a law enforcement agency, and the property need not be actually stolen.
(C) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the property is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days;
(2) felony misdemeanor, and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than five three years, if the value of the property is more than two thousand dollars but less than ten thousand dollars; or
(3) felony, and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than ten years, if the value of the property is ten thousand dollars or more.
(C)(D) For the purposes of this section, the receipt of multiple items in a single transaction or event constitutes a single offense.
(E) For purposes of this section, multiple offenses occurring within a ninety-day period may be aggregated into a single count with the aggregated value used to determine whether the violation is a misdemeanor or felony as provided in subsection (C)." /
Renumber sections to conform.
Amend title to conform.