(f) REVIEW AND AMENDMENT OF FEDERAL SEN-
TENCING GUIDELINES RELATED TO ORGANIZED RETAIL 
CRIME.— 
(1) REVIEW
AND
AMENDMENT.—The United 
States Sentencing Commission, pursuant to its au-
thority under section 994 of title 28, United States 
Code, and in accordance with this section, shall re-
view and, if appropriate, amend the Federal sen-
tencing guidelines (including its policy statements) 
applicable to persons convicted of offenses involving 
organized retail crime under— 
(A) sections 1029, 2314, and 2315 of title 
18, United States Code; and 
(B) any other relevant provision of the 
United States Code. 
(2) REQUIREMENTS.—In carrying out the re-
quirements of this section, the United States Sen-
tencing Commission shall— 
(A) ensure that the Federal sentencing 
guidelines (including its policy statements) re-
flect— 
(i) the serious nature of the offenses 
and penalties referred to in this Act; 
(ii) the magnitude of organized retail 
crime; and 
VerDate Nov 24 2008 
22:59 Feb 27, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1173.IH
H1173
mstockstill on PROD1PC66 with BILLS
(iii) the need to deter, prevent, and 
punish such offense; 
(B) consider the extent to which the Fed-
eral sentencing guidelines (including its policy 
statements) adequately address violations of the 
sections amended by this Act to sufficiently 
deter and punish such offenses; 
(C) maintain reasonable consistency with 
other relevant directives and sentencing guide-
lines; 
(D) account for any additional aggravating 
or mitigating circumstances that might justify 
exceptions to the generally applicable sentencing 
ranges; and 
(E) consider whether to provide a sen-
tencing enhancement for those convicted of con-
duct proscribed by this Act, where such conduct 
involves— 
(i) organized retail crime; 
(ii) sale or resale of a product in an 
online marketplace; 
(iii) a threat to public health and 
safety, including but not limited to alter-
ation of an expiration date or of product 
ingredients; 
VerDate Nov 24 2008 
22:59 Feb 27, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1173.IH
H1173
mstockstill on PROD1PC66 with BILLS
(iv) theft, conversion, alteration, or re-
moval of a product label; 
(v) alteration, transfer, theft, conver-
sion, counterfeiting, or reproduction of a 
Universal Product Code label; and 
(vi) use of a fire or emergency exit. 
(g) CIVIL FORFEITURE.— 
(1) Section 2315 of title 18, United States 
Code, is further amended by inserting before the last 
paragraph the following: 
‘‘This section shall have the following civil forfeiture 
provisions: 
‘‘(1) Any property used, in any manner or part, 
to commit organized retail crime or the facilitation 
of organized retail crime shall be subject to for-
feiture to the United States. 
‘‘(2) The provisions of chapter 46 of this title 
relating to civil forfeitures, including section 983 of 
this title, shall extend to any seizure or civil for-
feiture under this section. At the conclusion of the 
forfeiture proceedings, the court, unless otherwise 
requested by an agency of the United States, shall 
order that any forfeited article be returned to the 
rightful owner or otherwise disposed of according to 
law. 
VerDate Nov 24 2008 
22:59 Feb 27, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1173.IH
H1173
mstockstill on PROD1PC66 with BILLS
‘‘(3)(A) The court, in imposing sentence on a 
person convicted of an offense under this section, 
shall order, in addition to any other sentence im-
posed, that the person forfeit to the United States— 
‘‘(i) any property constituting or de-
rived from any proceeds the person ob-
tained, directly or indirectly, as the result 
of the offense of organized retail crime or 
the facilitation of organized retail crime; 
and 
‘‘(ii) any of the person’s property 
used, or intended to be used, in any man-
ner or part, to commit, facilitate, aid, or 
abet the commission of either such offense. 
‘‘(B) The forfeiture of property under subpara-
graph (A), including any seizure and disposition of 
the property and any related judicial or administra-
tive proceeding, shall be governed by the procedures 
set forth in section 413 of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 (21 
U.S.C. 853), other than subsection (d) of that sec-
tion. Notwithstanding section 413(h) of that Act, at 
the conclusion of the forfeiture proceedings, the 
court shall order that any forfeited article or compo-
VerDate Nov 24 2008 
22:59 Feb 27, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1173.IH
H1173
mstockstill on PROD1PC66 with BILLS