AB 2790: Crimes: organized retail theft.

Existing law, until January 1, 2026, prohibits organized retail theft, described as acting in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplaces with the intent to sell or return the merchandise for value, acting in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acting as an agent of another to steal merchandise from one or more merchants premises or online marketplaces as part of an organized plan to commit theft, or recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft. Under existing law, a violation of organized retail theft is punishable as either a misdemeanor or a felony.

This bill would additionally define organized retail theft to include acting in concert with one or more persons to steal specified types of merchandise, including infant formula, baby food, over-the-counter medications, and blood glucose testing strips, with the intent to sell those items. The bill would make a violation of this provision punishable as a felony.

By expanding the application of an existing crime, this bill would impose a state-mandated local program.

The bill would also extend the operative date of the prohibition against organized retail theft indefinitely.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.