Vote Smart's Synopsis:

Vote to pass a bill that authorizes law enforcement officials to use video surveillance and other measures to prosecute individuals involved in organized retail theft and supports rehabilitation programs for individuals on probation

Highlights:

• Authorizes peace officers to make a warrantless arrest for a misdemeanor shoplifting offense even if the event did not occur in that present moment (Sec. 1).

• Prohibits law enforcement agencies from bringing nuisance charges to businesses based on the premise that someone committed a crime related to retail theft (Sec. 1).

• Authorizes courts to enforce a probationary period of no longer than 2 years for individuals found guilty of shoplifting or related petty theft (Sec. 1).

• Requires court to impose a probation term of a year or more or to consider sending the individual to a rehabilitation program (Sec. 1).

• Requires defendants under the age of 25 to be referred to a rehabilitation program that is based on positive youth development and healing (Sec. 1).

• Authorizes that a peace officer can make an arrest without a warrant under the following circumstances: (Sec. 2).

• There is probable cause that the individual has committed the offense in front of the officer 

• The individual has committed a felony at a different time

• There is probable cause that the individual has committed a felony 

• Authorizes peace officers to make shoplifting and retail theft arrests if they obtain video footage of the individual committing the crime or the individual possesses an amount of goods that are not associated with personal use (Sec. 2).

• Specifies that arrests can also be made when an officer receives a sworn and reliable statement from a witness who saw the crime being committed (Sec. 2).

• Specifies that all individuals who are arrested shall be released unless their release would mean repeated offenses would be committed or they are believed to not appear before a judge or magistrate (Sec. 3).

• Requires forms regarding arrest to be filed with the agency that arrested the individual to occur in an expedient manner (Sec. 3).

Full Bill Text