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House advances organized-retail-crime measure creating aggravated offense for smash-and-grab incidents
Summary
The South Carolina House gave second reading to House Bill 35 23 after floor debate that would define "organized retail crime," broaden covered goods and create an aggravated offense for violent "smash-and-grab" retail theft. The measure passed its second reading on a recorded vote of 101-0 and was granted unanimous consent for a third reading.
The South Carolina House of Representatives gave second reading to House Bill 35 23 on Feb. 13, 2024, a measure that defines organized retail crime and creates an aggravated offense for smash-and-grab thefts and related injuries to retail employees. The House recorded a roll-call vote of 101-0 on the bill's second reading and granted unanimous consent for a third reading the next day.
The bill, as explained on the House floor, defines "organized retail crime" to include conspiracies involving two or more people who steal and fence goods. It removes a limiting word in current law so the statute would apply to returned items and other merchandise that previously could be excluded as "not new." The measure also replaces vague language about "stealing" with a statutory definition and creates a specific aggravated offense for incidents that involve property damage, smashing displays, or injury to salespeople or customers.
Representative J.E. Johnson, who explained the bill, said law enforcement and retailers had requested clearer statutory language because current law makes prosecution difficult. "Retailers aren't even putting in the resources to try and stop people from doing the stealing and the smash and grab," Johnson said on the floor. He and others cited surveillance footage and large out-of-state trafficking operations as evidence of organized networks moving goods through multiple states.
The bill includes a provision limiting a solicitor's authority to prosecute across another solicitor's circuit without consent, and it establishes graduated penalties tied to the value of stolen goods. Johnson said the new aggravated offense is aimed at confronting highly visible "smash-and-grab" thefts and protecting retail employees and customers.
On the floor, Johnson noted that neighboring states have passed similar laws: "Other states around us, North Carolina, Virginia, Florida, they have passed similar things like this when it comes to organized retail crime and these penalties," he said. He described examples cited to the committee, including a multi-million-dollar warehouse of goods seized in a neighboring state that investigators traced to similar theft patterns.
Clerk-tallied votes show the bill received second reading by a vote of 101-0. Representative J.E. Johnson requested unanimous consent to give the bill a third reading the following day; no objection was raised and the request was ordered.
The House explanation on the floor described the bill's intent as reducing theft-related losses, discouraging repeat predatory thefts, and enabling prosecutors to pursue conspiracies that cross jurisdictions. The debate on the floor consisted of the bill explanation and no recorded floor amendments.
Next steps: the bill was scheduled for third reading after the House granted unanimous consent to advance it on the following day.
