CHAPTER 84
HB 1361 – FINAL VERSION
15Feb2006… 0409h
2006 SESSION
04/10
HOUSE BILL 1361
AN ACT relative to the penalty for shoplifting.
SPONSORS: Rep. Winchell, Rock 6; Rep. Oliver, Merr 9; Rep. Berube, Straf 2
COMMITTEE: Criminal Justice and Public Safety
This bill increases the civil penalty for shoplifting.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Feb2006… 0409h
06-2432
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the penalty for shoplifting.
Be it Enacted by the Senate and House of Representatives in General Court convened:
84:1 Recovery of Civil Damages for Shoplifting. Amend RSA 544-C:1 to read as follows:
544-C:1 Recovery of Civil Damages for Shoplifting.
I. For purposes of this chapter, “shoplifting” shall mean shoplifting or willful concealment as defined in RSA 644:17.
II. A person who shoplifts shall be liable for civil damages to the merchant [in the amount of $200] up to $400 plus the merchandise or the value of the merchandise if it has been damaged or rendered unrecoverable.
III. A merchant may recover civil damages for shoplifting by bringing suit in a district court or by executing a settlement agreement in the form set out in paragraph IV of this section.
IV. A merchant and a person accused of shoplifting by such merchant may agree to execute a civil settlement agreement for [$200] up to $400 in civil damages, plus the return of the merchandise or the replacement value of the merchandise within 60 days of the date the agreement is signed. The form of the settlement agreement shall be as follows:
Settlement of Claim for Taking Merchandise Without Payment
The undersigned, ___________________, having failed to pay for certain merchandise, more specifically described as follows _____________, hereby agrees to pay, within 60 days of the date this agreement is signed, civil damages [in the amount of $200] up to $400, plus the merchandise or the replacement value of the merchandise. The parties agree that this payment shall constitute full and complete payment of damages to the following establishment _______________. The following establishment _________________ agrees to waive any and all claims it may have for civil damages.
Nothing in this agreement shall constitute an admission of guilt for purposes of criminal law. If this agreement is signed and payment is made in full within 60 days, no police report or criminal complaint will be filed by the merchant relative to this incident. However, nothing in this agreement can or will bar the state of New Hampshire from instituting such criminal prosecutions as it deems necessary.
_______________________________________
Party #1
_______________________________________
Party #2 for the following establishment:
______________________________________
84:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 5, 2006
Effective: July 4, 2006