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Exposed

D I D YOU KNOW? Corporations VOTED
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“conservative” politicians.
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ghostwrite
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and Economic
be introduced
in state
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capitols
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includes
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loopholes
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and the
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proposals to offshore U.S.
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and efforts to
weaken public health,
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safety, and environmental
protections.
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of these
bills have become
law, until now, their origin
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ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

By the Center for
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work as “equals” in “unison” with politicians to write laws to govern your life. Big
MODEL LEGISLATION
TASK FORCES
ALEC INITIATIVES
PUBLICATIONS
Business has “a VOICE and a VOTE,” according to newly exposed documents. DO YOU?

Model Legislation

Public Safety and Elections

Organized Retail Theft Act

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

Section 1. {Purpose, Title} An Act relating to criminal procedure and authorizing
jurisdiction and venue for Organized Retail Theft offenses. This Act may be cited
as the Organized Retail Theft Act.
Section 2. {Definitions}
(A). “Organized retail theft” refers to when two or more persons are involved in
theft of retail property from a retail establishment, with value exceeding $1,000
(the amount will be $500 or more above the present state felony theft level and not
below $1,000 in any state), aggregated over a 180-day period, with the intent to
sell that retail property to a retail property fence for monetary or other gains.
(B). “Retail property” means any new article, product, commodity, item or
component intended to be sold in retail commerce.
(C). “Value” means the retail value of the item as advertised by the affected retail
establishment(s), to include applicable taxes.
(D). “Retail property fence” means a person or business that buys retail property
knowing or believing that property is stolen.
Section 3. {Organized Retail Theft}
(A). Whoever in any way in conjunction with another person affects the movement
of any article or commodity by taking possession of, carrying away or transferring
or causing to be carried away, with the intent to steal or purloin any retail property
with a total value exceeding [$1,000] within any 180-day period and takes or
causes that retail property to be moved to or placed in the control of a retail
property fence, with the intent of monetary or other gains, shall have committed
the offense of Organized Retail Theft, and [shall be fined and imprisoned according
to applicable state law].*
(B). Whoever receives, possesses, conceals, stores, barters, sells, or disposes of
with the intent to distribute, any property which has been taken or stolen in
violation of this section, with the intent to distribute the proceeds, or to otherwise
promote, manage, carry on or facilitate an offense described in this section, shall
have committed the offense of Organized Retail Theft, and [shall be fined and
imprisoned according to applicable state law].*
(1). It is not a defense to a charge of receiving stolen property in
violation of this section that the property was obtained by means other
than through the commission of a theft offense if the property was
explicitly represented to the accused person as being obtained through
the commission of a theft offense.
(2). Any person convicted of Organized Retail Theft, who within the
immediately preceding four years was twice convicted of theft from a
retail establishment, shall be sentenced to at least the minimum term
provided for such offense.
Section 4. {Venue for Organized Retail Theft Offenses}
(A). Venue for criminal actions to enforce the provisions of Section 3 of this act,
including criminal actions with respect to each of the offenses included within
Organized Retail Theft as defined in Section 3 of this act, that have been
committed, attempted or conspired to be committed by two or more persons, shall
be in any county in which at least one criminal offense has occurred that
constitutes part of the Organized Retail Theft offenses, it being the intent of this
section that one state court may have jurisdiction over all the conduct, persons and
property which are part of, or are directly related to, each and all of the criminal
offenses forming part of the Organized Retail Theft offenses.
(1). It is discretionary, not mandatory, to bring all criminal actions in

(1). It is discretionary, not mandatory, to bring all criminal actions in
one jurisdiction when Organized Retail Theft offenses involve two or
more counties.
Section 5. {Forfeiture and Disposition of Goods} Whoever violates any
provision of Section 3 shall forfeit to the state any interest the person has acquired
or maintained in violation of Section 3.
Section 6. {Severability}
Section 7. {Effective Date}
*Drafting Note: Under Organized Retail Theft within the state, it is intended that
the crime be considered the next higher felony than felony theft.
Adopted by the Crimial Justice Task Force at the Annual Meeting, July 2005.
Approved by the ALEC Board of Directors August 2005.
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Center for Media
and Democracy's
quick analysis
This is part of a set of bills favored by corporations designed to increase criminal penalties for retail theft. This bill in particular creates
a new class of felony, "Organized Retail Theft," if one person steals goods over a certain amount and sells them to another person.
This bill would benefit large retailers such as Wal-Mart, which sits on the ALEC Private Sector board.