34 U.S.C. § 41505 — Organized retail theft database

submitted 20 years ago by Pub. L. 109-162 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 349 words · no verdicts yet

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The Attorney General and FBI must create a task force to fight organized retail theft and help build a private, national database tracking these crimes. Federal, state, local police, and authorized retailers can add and review information in it. The law also defines "organized retail theft" to include stealing goods for resale, knowingly handling stolen goods, or organizing others to do so.

(a) Building a national database. (1) The Attorney General and FBI, working with the retail industry, must create a task force to fight organized retail theft and give expertise for building a national database — housed and run in the private sector — to track where these crimes happen. The database must let federal, state, and local police, and authorized retailers and retail databases, electronically submit and review information. (2) The Attorney General must provide funds for the ongoing administrative and technology costs of federal agencies taking part. (3) The Director of the Bureau of Justice Assistance may give grants to help cover state and local agencies' administrative and technology costs for the project. (b) Funding. Congress authorized $5,000,000 for each of fiscal years 2006 through 2009, to train federal law enforcement on organized retail theft, investigate and prosecute it, and help build and use the database described in subsection (a). (c) Definition. "Organized retail theft" means (1) violating a state law against retail theft or shoplifting, by stealing amounts of goods too large for personal use, meant to be resold or put back into commerce; (2) receiving, possessing, hiding, trading, selling, transporting, or disposing of property known or that should be known to be stolen this way; or (3) organizing, coordinating, or recruiting people to do either of those things.

the actual law source: uscode.house.gov ↗public domain

(a) National data

(1)

The Attorney General and the Federal Bureau of Investigation, in consultation with the retail community, shall establish a task force to combat organized retail theft and provide expertise to the retail community for the establishment of a national database or clearinghouse housed and maintained in the private sector to track and identify where organized retail theft type crimes are being committed in the United Sates.1 The national database shall allow Federal, State, and local law enforcement officials as well as authorized retail companies (and authorized associated retail databases) to transmit information into the database electronically and to review information that has been submitted electronically.

(2)

The Attorney General shall make available funds to provide for the ongoing administrative and technological costs to federal law enforcement agencies participating in the database project.

(3)

The Director of the Bureau of Justice Assistance of the Office of Justice Programs may make grants to help provide for the administrative and technological costs to State and local law enforcement agencies participating in the data base 2 project.

(b) Authorization of appropriations

There is authorized to be appropriated for each of fiscal years 2006 through 2009, $5,000,000 for educating and training federal law enforcement regarding organized retail theft, for investigating, apprehending and prosecuting individuals engaged in organized retail theft, and for working with the private sector to establish and utilize the database described in subsection (a).

For purposes of this section, “organized retail theft” means—

(1)

the violation of a State prohibition on retail merchandise theft or shoplifting, if the violation consists of the theft of quantities of items that would not normally be purchased for personal use or consumption and for the purpose of reselling the items or for reentering the items into commerce;

(2)

the receipt, possession, concealment, bartering, sale, transport, or disposal of any property that is know 3 or should be known to have been taken in violation of paragraph (1); or

(3)

the coordination, organization, or recruitment of persons to undertake the conduct described in paragraph (1) or (2).

Source credit: (Pub. L. 109–162, title XI, § 1105, Jan. 5, 2006, 119 Stat. 3092; Pub. L. 109–271, § 8(a), Aug. 12, 2006, 120 Stat. 766.)

history & why it existsrecord from the source credit

2006Enacted · Pub. L. 109-162 · 119 Stat. 3092
2006Amended · Pub. L. 109-271 · 120 Stat. 766

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-162 on 2006-01-05.

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