An Act To Prevent Organized Retail Crime
Maine Legislature, Session 127, LD 0310
Committee Amendment CA_A_S30 (Senate)
Amends: 17 MRSA §3

COMMITTEE AMENDMENT "A" to S.P. 125, L.D. 310, Bill, "An Act To 
Prevent Organized Retail Crime" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17 MRSA §3S21, as amended by PL 2005, c. 199, §2, is repealed and the 
following enacted in its place: 
§3521. Detention of certain persons suspected of stealing 
1. Suspected stealing from a store. A store owner, manager or supervisor, or that 
person's designee, may detain on the premises in a reasonable manner and for a period of 
time not to exceed 1/2 hour any person as to whom there is probable cause to believe is 
unlawfully concealing merchandise or is committing theft of merchandise. The permitted 
purposes of detention are to require the person being detained to provide identification, to 
verify the identification, to inform a law enforcement officer of the detention and to 
surrender that person to the officer, to take possession of and hold stolen merchandise 
pending arrival of law enforcement and, when the detained person is a minor, to inform a 
law enforcement officer or a parent or guardian of the minor of the detention and to 
surrender the minor to the person so informed. 
2. Suspected stealing from a motion picture theater. A motion picture theater 
owner, manager or supervisor, or that person's designee, may detain on the premises in a 
reasonable manner and for a period of time not to exceed 1/2 hour any person as to whom 
there is probable cause to believe is unlawfully operating an audiovisual or audio 
recording function of any device in the motion picture theater while a motion picture is 
being exhibited. The permitted purposes of detention are to require the person being 
detained to provide identification, to verify the identification.. to inform a law 
enforcement officer of the detention and to surrender that person to the officer, to take 
possession of and hold recordings and related equipment pending arrival of law 
enforcement and, when the detained person is a minor, to inform a law enforcement 
officer or a parent or guardian of the minor of the detention and to surrender the minor to 
the person so informed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,11 "to S.P. 125. L.D. 3 \0 
Sec. 2. 17-A MRS A §363 is enacted to read: 
§363. Organized retail theft 
1. A person is guilty of organized retail theft if the person commits 2 or more thefts 
of retail merchandise under this chapter, either as a principal or an accomplice, pursuant 
to a scheme or course of conduct engaged in by 2 or more persons involving thefts from 2 
or more retail stores for the pumose of selling the stolen merchandise or conducting 
fraudulent returns of the stolen merchandise. Violation of this section is a Class C crime.' 
SUMMARY 
This amendment replaces the bill. This amendment does the following. 
1. It repeals and replaces a provision of law that all ows the owner or an agent of the 
1 
owner of a store or motion picture theater to detain a person suspected of stealing from 
the store or unlawfully recording in a theater. Current law allows the owner or an agent 
of the owner to detain a person suspected of unlawfully concealing merchandise of the 
store or unlawfully recording in a movie theater. The amendment separates the store and 
movie theater provisions and allows the owner of a store or the agent of the owner to 
detain a person suspected of unlawfully concealing or stealing merchandise of the store. 
The amendment makes no changes to the substance of the law on unlawfully recording in 
a motion picture theater. 
2. 
It establishes a new crime of organized retail theft. 
Organized retail theft is 
defined as a theft in which a person conspires with one or more other persons, either as a 
principal or as an accomplice, pursuant to a scheme or course of conduct to engage in 
theft from 2 or more retail stores for the purpose of selling the stolen merchandise or 
conducting fraudulent returns of the stolen merchandise. The amendment designates 
organized retail theft as a Class C crime. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 04/07/15 
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LD 310 
LR 1131(02) 
An Act To Prevent Organized Retail Crime 
Fiscal Note for Bill as Amended by Committee Amendment '4" (5 -30 ) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
::::orrectional and Judicial Impact Statements 
Establishes new Class C crime for conduct that already constitutes theft, may increase correctional and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LRl131(02) - Fiscal Note - Page 1 of 1