2C: 20-11 LEGISLATIVE HISTORY CHECKLIST Compiled by the NJ State Law Library LAWS OF: 2000 CHAPTER: 16 NJSA: 2C:20-11 (Amends shoplifting statute – grading system similar to theft) Bill No: S267 (Substituted for A1567) NJSA 2C:20-11 SPONSOR(S): Bennett and Lynch DATE INTRODUCED: Pre-filed COMMITTEE: ASSEMBLY: -------- SENATE: Judiciary AMENDED DURING PASSAGE: No DATE OF PASSAGE: ASSEMBLY: March 27, 2000 SENATE: February 28, 2000 DATE OF APPROVAL: April 28, 2000 FOLLOWING ARE ATTACHED IF AVAILABLE: FINAL TEXT OF BILL: Original version enacted S267 SPONSOR STATEMENT: (Begins on page 5 of original bill) Yes COMMITTEE STATEMENT: ASSEMBLY: No SENATE: Yes FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: No A1567 SPONSORS STATEMENT: (Begins on page 5 of original bill) Yes Bill and Sponsor Statement identical to S267 COMMITTEE STATEMENT: ASSEMBLY: Yes SENATE: No FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: No VETO MESSAGE: No GOVERNOR’S PRESS RELEASE ON SIGNING: Yes FOLLOWING WERE PRINTED: To check for circulating copies, contact New Jersey State Government Publications at the State Library (609) 278-2640 ext.103 or mailto:refdesk@njstatelib.org REPORTS: No HEARINGS: No NEWSPAPER ARTICLES: No SENATE, No. 267 STATE OF NEW JERSEY 209th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION Sponsored by: Senator JOHN O. BENNETT District 12 (Monmouth) Senator JOHN A. LYNCH District 17 (Middlesex, Somerset and Union) SYNOPSIS Amends shoplifting statute; establishes grading system similar to theft. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel. S267 BENNETT, LYNCH 2 1 AN ACT concerning penalties for shoplifting offenses, amending 2 N.J.S.2C:20-11 and supplementing Title 2C of the New Jersey 3 Statutes. 4 5 BE IT ENACTED by the Senate and General Assembly of the State 6 of New Jersey: 7 8 1. N.J.S.2C:20-11 is amended to read as follows: 9 a. Definitions. The following definitions apply to this section: 10 (1) "Shopping cart" means those push carts of the type or types 11 which are commonly provided by grocery stores, drug stores or other 12 retail mercantile establishments for the use of the public in transporting 13 commodities in stores and markets and, incidentally, from the stores 14 to a place outside the store; 15 (2) "Store or other retail mercantile establishment" means a place 16 where merchandise is displayed, held, stored or sold or offered to the 17 public for sale; 18 (3) "Merchandise" means any goods, chattels, foodstuffs or wares 19 of any type and description, regardless of the value thereof; 20 (4) "Merchant" means any owner or operator of any store or other 21 retail mercantile establishment, or any agent, servant, employee, 22 lessee, consignee, officer, director, franchisee or independent 23 contractor of such owner or proprietor; 24 (5) "Person" means any individual or individuals, including an 25 agent, servant or employee of a merchant where the facts of the 26 situation so require; 27 (6) "Conceal" means to conceal merchandise so that, although 28 there may be some notice of its presence, it is not visible through 29 ordinary observation; 30 (7) "Full retail value" means the merchant's stated or advertised 31 price of the merchandise; 32 (8) "Premises of a store or retail mercantile establishment" means 33 and includes but is not limited to, the retail mercantile establishment; 34 any common use areas in shopping centers and all parking areas set 35 aside by a merchant or on behalf of a merchant for the parking of 36 vehicles for the convenience of the patrons of such retail mercantile 37 establishment; 38 (9) "Under-ring" means to cause the cash register or other sale 39 recording device to reflect less than the full retail value of the 40 merchandise; 41 (10) "Antishoplifting or inventory control device countermeasure" 42 means any item or device which is designed, manufactured, modified, 43 or altered to defeat any antishoplifting or inventory control device. EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter. S267 BENNETT, LYNCH 3 1 b. Shoplifting. Shoplifting shall consist of any one or more of the 2 following acts: 3 (1) For any person purposely to take possession of, carry away, 4 transfer or cause to be carried away or transferred, any merchandise 5 displayed, held, stored or offered for sale by any store or other retail 6 mercantile establishment with the intention of depriving the merchant 7 of the possession, use or benefit of such merchandise or converting the 8 same to the use of such person without paying to the merchant the full 9 retail value thereof. 10 (2) For any person purposely to conceal upon his person or 11 otherwise any merchandise offered for sale by any store or other retail 12 mercantile establishment with the intention of depriving the merchant 13 of the processes, use or benefit of such merchandise or converting the 14 same to the use of such person without paying to the merchant the 15 value thereof. 16 (3) For any person purposely to alter, transfer or remove any label, 17 price tag or marking indicia of value or any other markings which aid 18 in determining value affixed to any merchandise displayed, held, stored 19 or offered for sale by any store or other retail mercantile 20 establishment and to attempt to purchase such merchandise personally 21 or in consort with another at less than the full retail value with the 22 intention of depriving the merchant of all or some part of the value 23 thereof. 24 (4) For any person purposely to transfer any merchandise 25 displayed, held, stored or offered for sale by any store or other retail 26 merchandise establishment from the container in or on which the same 27 shall be displayed to any other container with intent to deprive the 28 merchant of all or some part of the retail value thereof. 29 (5) For any person purposely to under-ring with the intention of 30 depriving the merchant of the full retail value thereof. 31 (6) For any person purposely to remove a shopping cart from the 32 premises of a store or other retail mercantile establishment without 33 the consent of the merchant given at the time of such removal with 34 the intention of permanently depriving the merchant of the possession, 35 use or benefit of such cart. 36 c. Gradation. [Any person found guilty of an offense under 37 subsection b. is a disorderly person, except that notwithstanding the 38 fine provided under 2C:43-3, such person shall be sentenced to pay a 39 fine of not more than $500.00 for a first offense; to pay a fine of not 40 less than $100.00, nor more than $500.00 for a second offense and to 41 pay a fine of not less than $250.00, nor more than $1,000.00 for a 42 third and any subsequent offense.] (1) Shoplifting constitutes a crime 43 of the second degree under subsection b. of this section if the full retail 44 value of the merchandise is $75,000.00 or more. S267 BENNETT, LYNCH 4 1 (2) Shoplifting constitutes a crime of the third degree under 2 subsection b. of this section if the full retail value of the merchandise 3 exceeds $500.00 but is less than $75,000.00. 4 (3) Shoplifting constitutes a crime of the fourth degree under 5 subsection b. of this section if the full retail value of the merchandise 6 is at least $200.00 but does not exceed $500.00. 7 (4) Shoplifting is a disorderly persons offense under subsection b. 8 of this section if the full retail value of the merchandise is less than 9 $200.00. Additionally, notwithstanding the term of imprisonment 10 provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a 11 shoplifting offense shall be sentenced to perform community service 12 as follows: for a first offense, at least ten days of community service; 13 for a second offense, at least 15 days of community service; and for 14 a third or subsequent offense, a maximum of 25 days of community 15 service and any person convicted of a third or subsequent shoplifting 16 offense shall serve a minimum term of imprisonment of not less than 17 [30] 90 days. 18 d. Presumptions. Any person purposely concealing unpurchased 19 merchandise of any store or other retail mercantile establishment, 20 either on the premises or outside the premises of such store or other 21 retail mercantile establishment, shall be prima facie presumed to have 22 so concealed such merchandise with the intention of depriving the 23 merchant of the possession, use or benefit of such merchandise 24 without paying the full retail value thereof, and the finding of such 25 merchandise concealed upon the person or among the belongings of 26 such person shall be prima facie evidence of purposeful concealment; 27 and if such person conceals, or causes to be concealed, such 28 merchandise upon the person or among the belongings of another, the 29 finding of the same shall also be prima facie evidence of willful 30 concealment on the part of the person so concealing such merchandise. 31 e. A law enforcement officer, or a special officer, or a merchant, 32 who has probable cause for believing that a person has willfully 33 concealed unpurchased merchandise and that he can recover the 34 merchandise by taking the person into custody, may, for the purpose 35 of attempting to effect recovery thereof, take the person into custody 36 and detain him in a reasonable manner for not more than a reasonable 37 time, and the taking into custody by a law enforcement officer or 38 special officer or merchant shall not render such person criminally or 39 civilly liable in any manner or to any extent whatsoever. 40 Any law enforcement officer may arrest without warrant any person 41 he has probable cause for believing has committed the offense of 42 shoplifting as defined in this section. 43 A merchant who causes the arrest of a person for shoplifting, as 44 provided for in this section, shall not be criminally or civilly liable in 45 any manner or to any extent whatsoever where the merchant has S267 BENNETT, LYNCH 5 1 probable cause for believing that the person arrested committed the 2 offense of shoplifting. 3 f. Any person who possesses or uses any antishoplifting or 4 inventory control device countermeasure within any store or other 5 retail mercantile establishment is guilty of a disorderly persons offense. 6 (cf: P.L.1997, c.319) 7 8 2. (New section) The Attorney General shall develop, no later than 9 the 120th day after the effective date of this act, guidelines to ensure 10 that the prosecution of shoplifting offenses is conducted in a uniform 11 manner throughout the State. 12 13 3. This act shall take effect immediately. 14 15 16 STATEMENT 17 18 The bill would establish a grading system for shoplifting based upon 19 the full retail value of the merchandise taken. Under the substitute, 20 shoplifting would be considered a crime of the second degree if the full 21 retail value of the merchandise was $75,000.00 or more. A crime of 22 the second degree is punishable by a term of imprisonment of five to 23 10 years, a fine not to exceed $150,000.00 or both. If the full retail 24 value of the merchandise was $500.00 but less than $75,000.00 then 25 it would be considered a crime of the third degree. A crime of the 26 third degree is punishable by a term of imprisonment of three to five 27 years, a fine not to exceed $15,000.00, or both. Shoplifting would be 28 a crime of the fourth degree if the full retail value of the merchandise 29 was at least $200.00 but does not exceed $500.00. A crime of the 30 fourth degree is punishable by a term of imprisonment not to exceed 31 18 months, a fine of $10,000.00 or both. In addition, shoplifting 32 would be a disorderly persons offense if the full retail value of the 33 merchandise was less than $200.00. This gradation scheme parallels 34 the gradation scheme for theft as set forth in N.J.S.2C:20-2. 35 The bill provides that any person convicted of a shoplifting offense 36 shall be sentenced to perform community service as follows: for a first 37 offense, at least ten days of community service; for a second offense, 38 at least 15 days of community service; for a third or subsequent 39 offense, a maximum of 25 days of community service. 40 The provision in present law which provides for a minimum term of 41 not less than 30 days for a third or subsequent offense is changed to 42 90 days. 43 The bill provides that the Attorney General shall develop guidelines 44 to ensure the uniform prosecution of shoplifting cases. SENATE JUDICIARY COMMITTEE STATEMENT TO SENATE, No. 267 STATE OF NEW JERSEY DATED: FEBRUARY 17, 2000 The Senate Judiciary Committee reports favorably Senate Bill No. 267. Under present law, shoplifting is graded as a disorderly persons offense. This bill would establish a grading system for shoplifting based upon the full retail value of the merchandise taken. Under the bill, shoplifting would be considered a crime of the second degree if the full retail value of the merchandise was $75,000.00 or more. If the full retail value of the merchandise was $500.00 but less than $75,000.00 then it would be considered a crime of the third degree. Shoplifting would be a crime of the fourth degree if the full retail value of the merchandise was at least $200.00 but does not exceed $500.00. If the full retail value of the merchandise was less than $200.00, shoplifting would be a disorderly persons offense. This gradation scheme parallels the gradation scheme for the theft as set forth in N.J.S.2C:20-2. This bill also provides that any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least 10 days of community service; for a second offense, at least 15 days of community services; for a third or subsequent offense, a maximum of 25 days of community service. Under the bill, the provision in present law which provides for a minimum term of imprisonment of not less than 30 days for a third or subsequent shoplifting offense is changed to 90 days. In addition, the bill provides that the Attorney General shall develop guidelines to ensure the uniform prosecution of shoplifting cases. This bill was prefiled for introduction in the 2000 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed. SENATE, No. 267 STATE OF NEW JERSEY 209th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION Sponsored by: Senator JOHN O. BENNETT District 12 (Monmouth) Senator JOHN A. LYNCH District 17 (Middlesex, Somerset and Union) Co-Sponsored by: Assemblymen Zisa, Stuhltrager, Russo, Assemblywoman Previte, Assemblyman Greenwald, Assemblywoman Greenstein and Assemblyman Conaway SYNOPSIS Amends shoplifting statute; establishes grading system similar to theft. CURRENT VERSION OF TEXT As reported by the Senate Judiciary Committee with technical review. (Sponsorship Updated As Of: 3/28/2000) S267 BENNETT, LYNCH 2 1 AN ACT concerning penalties for shoplifting offenses, amending 2 N.J.S.2C:20-11 and supplementing Title 2C of the New Jersey 3 Statutes. 4 5 BE IT ENACTED by the Senate and General Assembly of the State 6 of New Jersey: 7 8 1. N.J.S.2C:20-11 is amended to read as follows: 9 a. Definitions. The following definitions apply to this section: 10 (1) "Shopping cart" means those push carts of the type or types 11 which are commonly provided by grocery stores, drug stores or other 12 retail mercantile establishments for the use of the public in transporting 13 commodities in stores and markets and, incidentally, from the stores 14 to a place outside the store; 15 (2) "Store or other retail mercantile establishment" means a place 16 where merchandise is displayed, held, stored or sold or offered to the 17 public for sale; 18 (3) "Merchandise" means any goods, chattels, foodstuffs or wares 19 of any type and description, regardless of the value thereof; 20 (4) "Merchant" means any owner or operator of any store or other 21 retail mercantile establishment, or any agent, servant, employee, 22 lessee, consignee, officer, director, franchisee or independent 23 contractor of such owner or proprietor; 24 (5) "Person" means any individual or individuals, including an 25 agent, servant or employee of a merchant where the facts of the 26 situation so require; 27 (6) "Conceal" means to conceal merchandise so that, although 28 there may be some notice of its presence, it is not visible through 29 ordinary observation; 30 (7) "Full retail value" means the merchant's stated or advertised 31 price of the merchandise; 32 (8) "Premises of a store or retail mercantile establishment" means 33 and includes but is not limited to, the retail mercantile establishment; 34 any common use areas in shopping centers and all parking areas set 35 aside by a merchant or on behalf of a merchant for the parking of 36 vehicles for the convenience of the patrons of such retail mercantile 37 establishment; 38 (9) "Under-ring" means to cause the cash register or other sale 39 recording device to reflect less than the full retail value of the 40 merchandise; 41 (10) "Antishoplifting or inventory control device countermeasure" 42 means any item or device which is designed, manufactured, modified, 43 or altered to defeat any antishoplifting or inventory control device. EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter. S267 BENNETT, LYNCH 3 1 b. Shoplifting. Shoplifting shall consist of any one or more of the 2 following acts: 3 (1) For any person purposely to take possession of, carry away, 4 transfer or cause to be carried away or transferred, any merchandise 5 displayed, held, stored or offered for sale by any store or other retail 6 mercantile establishment with the intention of depriving the merchant 7 of the possession, use or benefit of such merchandise or converting the 8 same to the use of such person without paying to the merchant the full 9 retail value thereof. 10 (2) For any person purposely to conceal upon his person or 11 otherwise any merchandise offered for sale by any store or other retail 12 mercantile establishment with the intention of depriving the merchant 13 of the processes, use or benefit of such merchandise or converting the 14 same to the use of such person without paying to the merchant the 15 value thereof. 16 (3) For any person purposely to alter, transfer or remove any label, 17 price tag or marking indicia of value or any other markings which aid 18 in determining value affixed to any merchandise displayed, held, stored 19 or offered for sale by any store or other retail mercantile 20 establishment and to attempt to purchase such merchandise personally 21 or in consort with another at less than the full retail value with the 22 intention of depriving the merchant of all or some part of the value 23 thereof. 24 (4) For any person purposely to transfer any merchandise 25 displayed, held, stored or offered for sale by any store or other retail 26 merchandise establishment from the container in or on which the same 27 shall be displayed to any other container with intent to deprive the 28 merchant of all or some part of the retail value thereof. 29 (5) For any person purposely to under-ring with the intention of 30 depriving the merchant of the full retail value thereof. 31 (6) For any person purposely to remove a shopping cart from the 32 premises of a store or other retail mercantile establishment without 33 the consent of the merchant given at the time of such removal with 34 the intention of permanently depriving the merchant of the possession, 35 use or benefit of such cart. 36 c. Gradation. [Any person found guilty of an offense under 37 subsection b. is a disorderly person, except that notwithstanding the 38 fine provided under 2C:43-3, such person shall be sentenced to pay a 39 fine of not more than $500.00 for a first offense; to pay a fine of not 40 less than $100.00, nor more than $500.00 for a second offense and to 41 pay a fine of not less than $250.00, nor more than $1,000.00 for a 42 third and any subsequent offense.] (1) Shoplifting constitutes a crime 43 of the second degree under subsection b. of this section if the full retail 44 value of the merchandise is $75,000.00 or more. 45 (2) Shoplifting constitutes a crime of the third degree under 46 subsection b. of this section if the full retail value of the merchandise S267 BENNETT, LYNCH 4 1 exceeds $500.00 but is less than $75,000.00. 2 (3) Shoplifting constitutes a crime of the fourth degree under 3 subsection b. of this section if the full retail value of the merchandise 4 is at least $200.00 but does not exceed $500.00. 5 (4) Shoplifting is a disorderly persons offense under subsection b. 6 of this section if the full retail value of the merchandise is less than 7 $200.00. Additionally, notwithstanding the term of imprisonment 8 provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a 9 shoplifting offense shall be sentenced to perform community service 10 as follows: for a first offense, at least ten days of community service; 11 for a second offense, at least 15 days of community service; and for 12 a third or subsequent offense, a maximum of 25 days of community 13 service and any person convicted of a third or subsequent shoplifting 14 offense shall serve a minimum term of imprisonment of not less than 15 [30] 90 days. 16 d. Presumptions. Any person purposely concealing unpurchased 17 merchandise of any store or other retail mercantile establishment, 18 either on the premises or outside the premises of such store or other 19 retail mercantile establishment, shall be prima facie presumed to have 20 so concealed such merchandise with the intention of depriving the 21 merchant of the possession, use or benefit of such merchandise 22 without paying the full retail value thereof, and the finding of such 23 merchandise concealed upon the person or among the belongings of 24 such person shall be prima facie evidence of purposeful concealment; 25 and if such person conceals, or causes to be concealed, such 26 merchandise upon the person or among the belongings of another, the 27 finding of the same shall also be prima facie evidence of willful 28 concealment on the part of the person so concealing such merchandise. 29 e. A law enforcement officer, or a special officer, or a merchant, 30 who has probable cause for believing that a person has willfully 31 concealed unpurchased merchandise and that he can recover the 32 merchandise by taking the person into custody, may, for the purpose 33 of attempting to effect recovery thereof, take the person into custody 34 and detain him in a reasonable manner for not more than a reasonable 35 time, and the taking into custody by a law enforcement officer or 36 special officer or merchant shall not render such person criminally or 37 civilly liable in any manner or to any extent whatsoever. 38 Any law enforcement officer may arrest without warrant any person 39 he has probable cause for believing has committed the offense of 40 shoplifting as defined in this section. 41 A merchant who causes the arrest of a person for shoplifting, as 42 provided for in this section, shall not be criminally or civilly liable in 43 any manner or to any extent whatsoever where the merchant has S267 BENNETT, LYNCH 5 1 probable cause for believing that the person arrested committed the 2 offense of shoplifting. 3 f. Any person who possesses or uses any antishoplifting or 4 inventory control device countermeasure within any store or other 5 retail mercantile establishment is guilty of a disorderly persons offense. 6 (cf: P.L.1997, c.319) 7 8 2. (New section) The Attorney General shall develop, no later than 9 the 120th day after the effective date of this act, guidelines to ensure 10 that the prosecution of shoplifting offenses is conducted in a uniform 11 manner throughout the State. 12 13 3. This act shall take effect immediately. §2 - C.2C:20-11.1 P.L. 2000, CHAPTER 16, approved April 28, 2000 Senate, No. 267 1 AN ACT concerning penalties for shoplifting offenses, amending 2 N.J.S.2C:20-11 and supplementing Title 2C of the New Jersey 3 Statutes. 4 5 BE IT ENACTED by the Senate and General Assembly of the State 6 of New Jersey: 7 8 1. N.J.S.2C:20-11 is amended to read as follows: 9 a. Definitions. The following definitions apply to this section: 10 (1) "Shopping cart" means those push carts of the type or types 11 which are commonly provided by grocery stores, drug stores or other 12 retail mercantile establishments for the use of the public in transporting 13 commodities in stores and markets and, incidentally, from the stores 14 to a place outside the store; 15 (2) "Store or other retail mercantile establishment" means a place 16 where merchandise is displayed, held, stored or sold or offered to the 17 public for sale; 18 (3) "Merchandise" means any goods, chattels, foodstuffs or wares 19 of any type and description, regardless of the value thereof; 20 (4) "Merchant" means any owner or operator of any store or other 21 retail mercantile establishment, or any agent, servant, employee, 22 lessee, consignee, officer, director, franchisee or independent 23 contractor of such owner or proprietor; 24 (5) "Person" means any individual or individuals, including an 25 agent, servant or employee of a merchant where the facts of the 26 situation so require; 27 (6) "Conceal" means to conceal merchandise so that, although 28 there may be some notice of its presence, it is not visible through 29 ordinary observation; 30 (7) "Full retail value" means the merchant's stated or advertised 31 price of the merchandise; 32 (8) "Premises of a store or retail mercantile establishment" means 33 and includes but is not limited to, the retail mercantile establishment; 34 any common use areas in shopping centers and all parking areas set 35 aside by a merchant or on behalf of a merchant for the parking of 36 vehicles for the convenience of the patrons of such retail mercantile 37 establishment; 38 (9) "Under-ring" means to cause the cash register or other sale 39 recording device to reflect less than the full retail value of the 40 merchandise; 41 (10) "Antishoplifting or inventory control device countermeasure" EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter. S267 2 1 means any item or device which is designed, manufactured, modified, 2 or altered to defeat any antishoplifting or inventory control device. 3 b. Shoplifting. Shoplifting shall consist of any one or more of the 4 following acts: 5 (1) For any person purposely to take possession of, carry away, 6 transfer or cause to be carried away or transferred, any merchandise 7 displayed, held, stored or offered for sale by any store or other retail 8 mercantile establishment with the intention of depriving the merchant 9 of the possession, use or benefit of such merchandise or converting the 10 same to the use of such person without paying to the merchant the full 11 retail value thereof. 12 (2) For any person purposely to conceal upon his person or 13 otherwise any merchandise offered for sale by any store or other retail 14 mercantile establishment with the intention of depriving the merchant 15 of the processes, use or benefit of such merchandise or converting the 16 same to the use of such person without paying to the merchant the 17 value thereof. 18 (3) For any person purposely to alter, transfer or remove any label, 19 price tag or marking indicia of value or any other markings which aid 20 in determining value affixed to any merchandise displayed, held, stored 21 or offered for sale by any store or other retail mercantile 22 establishment and to attempt to purchase such merchandise personally 23 or in consort with another at less than the full retail value with the 24 intention of depriving the merchant of all or some part of the value 25 thereof. 26 (4) For any person purposely to transfer any merchandise 27 displayed, held, stored or offered for sale by any store or other retail 28 merchandise establishment from the container in or on which the same 29 shall be displayed to any other container with intent to deprive the 30 merchant of all or some part of the retail value thereof. 31 (5) For any person purposely to under-ring with the intention of 32 depriving the merchant of the full retail value thereof. 33 (6) For any person purposely to remove a shopping cart from the 34 premises of a store or other retail mercantile establishment without 35 the consent of the merchant given at the time of such removal with 36 the intention of permanently depriving the merchant of the possession, 37 use or benefit of such cart. 38 c. Gradation. [Any person found guilty of an offense under 39 subsection b. is a disorderly person, except that notwithstanding the 40 fine provided under 2C:43-3, such person shall be sentenced to pay a 41 fine of not more than $500.00 for a first offense; to pay a fine of not 42 less than $100.00, nor more than $500.00 for a second offense and to 43 pay a fine of not less than $250.00, nor more than $1,000.00 for a 44 third and any subsequent offense.] (1) Shoplifting constitutes a crime 45 of the second degree under subsection b. of this section if the full retail 46 value of the merchandise is $75,000.00 or more. S267 3 1 (2) Shoplifting constitutes a crime of the third degree under 2 subsection b. of this section if the full retail value of the merchandise 3 exceeds $500.00 but is less than $75,000.00. 4 (3) Shoplifting constitutes a crime of the fourth degree under 5 subsection b. of this section if the full retail value of the merchandise 6 is at least $200.00 but does not exceed $500.00. 7 (4) Shoplifting is a disorderly persons offense under subsection b. 8 of this section if the full retail value of the merchandise is less than 9 $200.00. Additionally, notwithstanding the term of imprisonment 10 provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a 11 shoplifting offense shall be sentenced to perform community service 12 as follows: for a first offense, at least ten days of community service; 13 for a second offense, at least 15 days of community service; and for 14 a third or subsequent offense, a maximum of 25 days of community 15 service and any person convicted of a third or subsequent shoplifting 16 offense shall serve a minimum term of imprisonment of not less than 17 [30] 90 days. 18 d. Presumptions. Any person purposely concealing unpurchased 19 merchandise of any store or other retail mercantile establishment, 20 either on the premises or outside the premises of such store or other 21 retail mercantile establishment, shall be prima facie presumed to have 22 so concealed such merchandise with the intention of depriving the 23 merchant of the possession, use or benefit of such merchandise 24 without paying the full retail value thereof, and the finding of such 25 merchandise concealed upon the person or among the belongings of 26 such person shall be prima facie evidence of purposeful concealment; 27 and if such person conceals, or causes to be concealed, such 28 merchandise upon the person or among the belongings of another, the 29 finding of the same shall also be prima facie evidence of willful 30 concealment on the part of the person so concealing such merchandise. 31 e. A law enforcement officer, or a special officer, or a merchant, 32 who has probable cause for believing that a person has willfully 33 concealed unpurchased merchandise and that he can recover the 34 merchandise by taking the person into custody, may, for the purpose 35 of attempting to effect recovery thereof, take the person into custody 36 and detain him in a reasonable manner for not more than a reasonable 37 time, and the taking into custody by a law enforcement officer or 38 special officer or merchant shall not render such person criminally or 39 civilly liable in any manner or to any extent whatsoever. 40 Any law enforcement officer may arrest without warrant any person 41 he has probable cause for believing has committed the offense of 42 shoplifting as defined in this section. 43 A merchant who causes the arrest of a person for shoplifting, as 44 provided for in this section, shall not be criminally or civilly liable in 45 any manner or to any extent whatsoever where the merchant has S267 4 1 probable cause for believing that the person arrested committed the 2 offense of shoplifting. 3 f. Any person who possesses or uses any antishoplifting or 4 inventory control device countermeasure within any store or other 5 retail mercantile establishment is guilty of a disorderly persons offense. 6 (cf: P.L.1997, c.319) 7 8 2. (New section) The Attorney General shall develop, no later than 9 the 120th day after the effective date of this act, guidelines to ensure 10 that the prosecution of shoplifting offenses is conducted in a uniform 11 manner throughout the State. 12 13 3. This act shall take effect immediately. 14 15 16 17 18 Amends shoplifting statute; establishes grading system similar to theft. CHAPTER 16 AN ACT concerning penalties for shoplifting offenses, amending N.J.S.2C:20-11 and supplementing Title 2C of the New Jersey Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. N.J.S.2C:20-11 is amended to read as follows: Shoplifting. a. Definitions. The following definitions apply to this section: (1) "Shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store; (2) "Store or other retail mercantile establishment" means a place where merchandise is displayed, held, stored or sold or offered to the public for sale; (3) "Merchandise" means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof; (4) "Merchant" means any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor; (5) "Person" means any individual or individuals, including an agent, servant or employee of a merchant where the facts of the situation so require; (6) "Conceal" means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation; (7) "Full retail value" means the merchant's stated or advertised price of the merchandise; (8) "Premises of a store or retail mercantile establishment" means and includes but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment; (9) "Under-ring" means to cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise; (10) "Antishoplifting or inventory control device countermeasure" means any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device. b. Shoplifting. Shoplifting shall consist of any one or more of the following acts: (1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof. (2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof. (3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof. (4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof. (5) For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof. (6) For any person purposely to remove a shopping cart from the premises of a store or P.L. 2000, CHAPTER 16 2 other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart. c. Gradation. (1) Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000.00 or more. (2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500.00 but is less than $75,000.00. (3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200.00 but does not exceed $500.00. (4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.00. Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days. d. Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise. e. A law enforcement officer, or a special officer, or a merchant, who has probable cause for believing that a person has willfully concealed unpurchased merchandise and that he can recover the merchandise by taking the person into custody, may, for the purpose of attempting to effect recovery thereof, take the person into custody and detain him in a reasonable manner for not more than a reasonable time, and the taking into custody by a law enforcement officer or special officer or merchant shall not render such person criminally or civilly liable in any manner or to any extent whatsoever. Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section. A merchant who causes the arrest of a person for shoplifting, as provided for in this section, shall not be criminally or civilly liable in any manner or to any extent whatsoever where themerchant has probable cause for believing that the person arrested committed the offense of shoplifting. f. Any person who possesses or uses any antishoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offense. C.2C:20-11.1 Guidelines for prosecution of shoplifting offenses. 2. The Attorney General shall develop, no later than the 120th day after the effective date of this act, guidelines to ensure that the prosecution of shoplifting offenses is conducted in a uniform manner throughout the State. 3. This act shall take effect immediately. Approved April 28, 2000. PO BOX 004 TRENTON, NJ 08625 Office of the Governor CONTACT: Gene Herman NEWS RELEASE 609-777-2600 RELEASE: April 28, 2000 Governor Signs Legislation Gov. Christie Whitman today signed the following pieces of legislation: S-267, sponsored by Senators John O. Bennett (R-Monmouth) and John A. Lynch (D- Middlesex/Somerset/Union) and Assembly Members Charles Zisa (D-Bergen) and Gary W. Stuhltrager (R-Salem/Cumberland/Gloucester), establishes a grading system for shoplifting based upon the full retail value of the merchandise taken. Under previous law, shoplifting was classified as a disorderly person's offense. Shoplifting will be treated as a second-degree crime if the value of the merchandise taken was $75,000 or more; a third degree crime if the value of the merchandise was at least $500 but less than $75,000, and a fourth-degree crime if the value of the merchandise was at least $200 but less than $500. Shoplifting would be a disorderly person's offense if the value of the merchandise was less than $200. The bill also changes sentencing provisions for shoplifting. A-1576, sponsored by Assembly Member Charles Zisa (D-Bergen) and Senators John H. Adler (D- Camden) and Robert J. Martin (R-Essex/Morris/Passaic), clarifies criminal statutes dealing with obstruction of justice and resisting arrest. It also upgrades penalties for resisting arrest. The bill upgrades resisting arrest from a disorderly person's offense to a fourth-degree crime when the actor, through flight, purposely attempts to prevent or prevents a police officer from making a lawful arrest. Under previous law, flight was not specifically included as a means to commit the offense of resisting arrest. The bill also upgrades resisting arrest from a fourth-degree crime to a third-degree crime when the actor resists arrest by using or threatening physical force or by creating a substantial risk of physical injury to another person. Preventing or attempting to prevent an officer from making an arrest by other means would remain a disorderly person's offense. A third-degree crime is punishable by a three-to-five year period of incarceration, a $15,000 fine or both. A fourth-degree crime is punishable by a maximum term of imprisonment of up to 18 months, a $10,000 fine or both. S-492, sponsored by Senators Andrew R. Ciesla (R-Monmouth/Ocean) and Diane B. Allen (R- Burlington/Camden) and Assembly Members James W. Holzapfel (R-Monmouth/Ocean) and David W. Wolfe (R-Monmouth/Ocean), prohibits the governing body of a municipality from appointing a certified animal control officer who was found to have violated any animal cruelty statutes. It also prohibits a municipality from contracting for animal control services with any company that employs a certified animal control officer who was found to have violated any animal cruelty statutes.