1 Organized Retail Crime RSA 637:10-c is repealed and reenacted to read as follows:

637:10-c Organized Retail Crime.

I. A person is guilty of organized retail crime if he or she acts in concert with one or more persons to commit theft of retail merchandise from one or more mercantile establishments with the intent to resell, redistribute, or reenter such retail merchandise into commerce, or if he or she receives, possesses, or resells such retail merchandise knowing or believing it to have been stolen.

II. For purposes of this section, thefts may be aggregated over an 180-day period to determine value thresholds. Prosecutions may be brought in any county where any part of the enterprise activity occurred.

2 New Section; Leader or Kingpin of an Organized Retail Crime Enterprise. Amend RSA 637 by inserting after section 10-d the following new section:

637:10-e Leader or Kingpin of an Organized Retail Crime Enterprise.

I. Definitions.

(a) "Organized retail crime enterprise" means 2 or more persons associated in fact, although not a legal entity, who collaborate in whole or in part to commit organized retail crime under RSA 637:10-c.

(b) "Leader" means any person who knowingly organizes, directs, finances, manages, supervises, or otherwise controls, or conspires to organize, direct, finance, manage, supervise, or otherwise control, an organized retail crime enterprise, and who derives pecuniary benefit from the enterprise or from the disposition of stolen retail merchandise. A person may be convicted under this even if the person does not directly participate in the thefts, so long as the person intentionally benefits from or furthers the organized retail crime enterprise.

II. A person is guilty of being a leader of an organized retail crime enterprise if, within a period of 180 days, the enterprise obtains retail merchandise with an aggregate retail value of:

(a) $2,500 or more, the offense shall be a class A felony.

(b) $10,000 or more, the offense shall be a class A felony, but notwithstanding RSA 651:2, punishable by up to 25 years imprisonment.

III. In addition to any other penalty, the court shall order forfeiture of property used in or derived from the enterprise. Such forfeiture may be used to satisfy any restitution owed to the victim.

IV.(a) Theft offenses committed by an organized retail crime enterprise may be aggregated across multiple mercantile establishments and counties during an 180-day period.

(b) Venue shall be proper in any county in which any theft or act in furtherance of the enterprise occurred.

V. This section shall not preclude prosecution under any other applicable statute, including RSA 629:3 and RSA 629:2.

3 Effective Date. This act shall take effect 60 days after its passage.

1 Organized Retail Crime RSA 637:10-c is repealed and reenacted to read as follows:

637:10-c Organized Retail Crime.

I. A person is guilty of organized retail crime if he or she acts in concert with one or more persons to commit theft of retail merchandise from one or more mercantile establishments with the intent to resell, redistribute, or reenter such retail merchandise into commerce, or if he or she receives, possesses, or resells such retail merchandise knowing or believing it to have been stolen.

II. For purposes of this section, thefts may be aggregated over an 180-day period to determine value thresholds. Prosecutions may be brought in any county where any part of the enterprise activity occurred.

2 New Section; Leader or Kingpin of an Organized Retail Crime Enterprise. Amend RSA 637 by inserting after section 10-d the following new section:

637:10-e Leader or Kingpin of an Organized Retail Crime Enterprise.

I. Definitions.

(a) "Organized retail crime enterprise" means 2 or more persons associated in fact, although not a legal entity, who collaborate in whole or in part to commit organized retail crime under RSA 637:10-c.

(b) "Leader" means any person who knowingly organizes, directs, finances, manages, supervises, or otherwise controls, or conspires to organize, direct, finance, manage, supervise, or otherwise control, an organized retail crime enterprise, and who derives pecuniary benefit from the enterprise or from the disposition of stolen retail merchandise. A person may be convicted under this even if the person does not directly participate in the thefts, so long as the person intentionally benefits from or furthers the organized retail crime enterprise.

II. A person is guilty of being a leader of an organized retail crime enterprise if, within a period of 180 days, the enterprise obtains retail merchandise with an aggregate retail value of:

(a) $2,500 or more, the offense shall be a class A felony.

(b) $10,000 or more, the offense shall be a class A felony, but notwithstanding RSA 651:2, punishable by up to 25 years imprisonment.

III. In addition to any other penalty, the court shall order forfeiture of property used in or derived from the enterprise. Such forfeiture may be used to satisfy any restitution owed to the victim.

IV.(a) Theft offenses committed by an organized retail crime enterprise may be aggregated across multiple mercantile establishments and counties during an 180-day period.

(b) Venue shall be proper in any county in which any theft or act in furtherance of the enterprise occurred.

V. This section shall not preclude prosecution under any other applicable statute, including RSA 629:3 and RSA 629:2.

3 Effective Date. This act shall take effect 60 days after its passage.