H.R. 4011

Organized Retail Crime Prevention and Enforcement Act of 2009

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I

111th CONGRESS

1st Session

H. R. 4011

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.

Short title

This Act may be cited as the Organized Retail Crime Prevention and Enforcement Act of 2009.

2.

Transport of goods for sale on online marketplace

Section 2314 of title 18, United States Code, is amended—

(1)

by striking the one-m dash at the end of the 5th paragraph and inserting ; or; and

(2)

by inserting after the 5th paragraph the following:

  • Whoever transports, transmits, or transfers in interstate or foreign commerce any goods, wares, or merchandise, of the value of $1,000 or more, for sale on an online marketplace, knowing the same to have been stolen, converted, or taken by fraud—

.

3.

Sale of goods on online marketplace

Section 2315 of title 18, United States Code, is amended—

(1)

by striking the one-m dash at the end of the 3rd paragraph and inserting ; or; and

(2)

by inserting after the 3rd paragraph the following:

  • Whoever by means of an online marketplace barters or sells any goods, wares, or merchandise, of a value of $1,000 or more, knowing the same to have been stolen, converted, or taken by fraud, or attempts to do so—

.

4.

Definitions for new offenses

Section 2311 of title 18, United States Code, is amended—

(1)

by inserting after the paragraph ending with running on land but not on rails the following:

  • Online marketplace means an Internet site, or collection of Internet sites with a common operator, whose primary purpose is to facilitate transactions between people for the sale of goods and services;

.

(2)

by inserting after the paragraph ending with or the carcass or carcasses thereof the following:

  • Internet site means a web site or location on the Internet that is accessible at a specific Internet domain name, is accessible at a specific address under the Internet Protocol (or any successor protocol), or is identified by a uniform resource locator;

.

5.

Organized retail crime task forces

(a)

Establishment

The Attorney General shall establish multi-jurisdictional task forces to initiate investigations of organized retail theft and dismantle organized retail theft criminal enterprises in the six United States district court districts with the greatest incidence of organized retail theft, as determined by the Attorney General.

(b)

Report to Congress

The Attorney General shall report annually to Congress on the activities of the task forces established under this section.

(c)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2011 and for each of the 4 succeeding fiscal years.