I 

111TH CONGRESS 

1ST SESSION H. R. 4011 

To amend title 18, United States Code, with respect to organized retail 

theft, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2009 

Mr. SMITH of Texas (for himself and Mr. GOODLATTE) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, with respect to 

organized retail theft, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Organized Retail 

5 Crime Prevention and Enforcement Act of 2009’’. 

6 SEC. 2. TRANSPORT OF GOODS FOR SALE ON ONLINE MAR7 KETPLACE. 

8 Section 2314 of title 18, United States Code, is 

9 amended— 


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1 (1) by striking the one-m dash at the end of the 

2 5th paragraph and inserting ‘‘; or’’; and 

3 (2) by inserting after the 5th paragraph the fol4 lowing: 

5 ‘‘Whoever transports, transmits, or transfers in inter6 state or foreign commerce any goods, wares, or merchan7 dise, of the value of $1,000 or more, for sale on an online 

8 marketplace, knowing the same to have been stolen, con9 verted, or taken by fraud—’’. 

10 SEC. 3. SALE OF GOODS ON ONLINE MARKETPLACE. 

11 Section 2315 of title 18, United States Code, is 

12 amended— 

13 (1) by striking the one-m dash at the end of the 

14 3rd paragraph and inserting ‘‘; or’’; and 

15 (2) by inserting after the 3rd paragraph the fol16 lowing: 

17 ‘‘Whoever by means of an online marketplace barters 

18 or sells any goods, wares, or merchandise, of a value of 

19 $1,000 or more, knowing the same to have been stolen, 

20 converted, or taken by fraud, or attempts to do so—’’. 

21 SEC. 4. DEFINITIONS FOR NEW OFFENSES. 

22 Section 2311 of title 18, United States Code, is 

23 amended— 


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1 (1) by inserting after the paragraph ending 

2 with ‘‘running on land but not on rails’’ the fol3 lowing: 

4 ‘‘ ‘Online marketplace’ means an Internet site, or col5 lection of Internet sites with a common operator, whose 

6 primary purpose is to facilitate transactions between peo7 ple for the sale of goods and services;’’. 

8 (2) by inserting after the paragraph ending 

9 with ‘‘or the carcass or carcasses thereof’’ the fol10 lowing: 

11 ‘‘ ‘Internet site’ means a web site or location on the 

12 Internet that is accessible at a specific Internet domain 

13 name, is accessible at a specific address under the Internet 

14 Protocol (or any successor protocol), or is identified by 

15 a uniform resource locator;’’. 

16 SEC. 5. ORGANIZED RETAIL CRIME TASK FORCES. 

17 (a) ESTABLISHMENT.—The Attorney General shall 

18 establish multi-jurisdictional task forces to initiate inves19 tigations of organized retail theft and dismantle organized 

20 retail theft criminal enterprises in the six United States 

21 district court districts with the greatest incidence of orga22 nized retail theft, as determined by the Attorney General. 

23 (b) REPORT TO CONGRESS.—The Attorney General 

24 shall report annually to Congress on the activities of the 

25 task forces established under this section. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $5,000,000 for fiscal year 2011 and for each of the 4 suc4 ceeding fiscal years. 

Æ 


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