Senator Schepisi sponsors bill to address rampant retail crime

NEW JERSEY – Senator Holly Schepisi (R-39) is sponsoring bipartisan legislation to target the rising threat of Organized Retail Crime (ORC) affecting retailers and consumers across New Jersey.

It is estimated that retailers lost over $112 billion nationwide according to a 2023 National Retail Security Survey, with New Jersey losing an estimated $200 million in sales taxes.

“Organized Retail Crime is a growing and dangerous problem that costs businesses billions, raises costs for consumers and endangers the safety of retail workers who are increasingly subjected to violence,” said Schepisi. “We’ve witnessed an alarming rise in shoplifting and smash-and-grab incidents across the nation, but especially here in New Jersey, where stolen goods are quickly sold for illegal profits. This bill would disrupt criminal theft organizations by imposing tougher penalties to hold perpetrators accountable. Our neighbors in New York and Pennsylvania have recently implemented new initiatives to crack down on organized retail theft resulting in these bad actors to target New Jersey instead. It is incumbent that the New Jersey Legislature move swiftly to fight this scourge.”

Senator Schepisi’s bipartisan bill, S-3587, outlines various changes to New Jersey law related to large-scale retail theft, the online sale of stolen goods, and the assault of retail workers.

Additionally, the bill provides prosecutors with a one-year look back period to aggregate shoplifting violations when determining the degree of the offense.

Assault: 

• Establishes a crime of aggravated assault in the third degree for anyone who assaults and injures a retail employee, punishable by 3- to 5 years in prison, a fine of up to $15,000 or both; and
• Aggravated assault of a retail employee is a crime of the fourth degree if no bodily injury occurs, punishable by up to 18 months in prison, a fine of up to $10,000, or both.

Retail Theft: 

• Being the leader of a organized retail theft enterprise would be upgraded to a crime of the first degree, punishable by 10- to 20 years in prison, a fine of up to $200,000 or both;
• The penalties for failing to pay taxes in connection with being a leader of an ORC operation would be upgraded to a crime of the second degree, punishable by 5- to 10 years in prison, a fine of up to $150,000 or both;
• Repeat offenders that are convicted more than twice on separate occasions of being involved with an ORC may be sentenced to an extended prison sentence as provided under the bill; and
• Establishes a disorderly person’s offense for knowingly assisting in the online sale of stolen goods that is punishable by up to six months in prison, a fine of up to $1,000 or both.

The bill also imposes packaging requirements to combat gift card fraud, while establishing a special unit within the Division of Criminal Justice to work in coordination with county prosecutors to investigate and prosecute certain cases related to retail theft.

“At the heart of this issue is the safety of our communities,” said Schepisi. “Retail employees shouldn’t have to fear for their safety, and shoppers deserve peace of mind that the products they buy are safe and haven’t been tampered with in any way.”