Committee approves second substitute to HB 38 targeting organized retail crime and related offenses

The House Law Enforcement and Criminal Justice Committee adopted the second substitute to House Bill 38 and passed the bill out of committee with a favorable recommendation by unanimous voice vote.

Representative Ryan Wilcox presented the committee bill, describing changes that grew from the organized-crime subcommittee and interim work. He said the substitute addresses the state’s ability to prosecute groups that coordinate retail theft and to help retailers be made whole through retail-value thresholds and previous-conviction enhancements.

Law enforcement and prosecution witnesses supported the substitute. Nate Mudder, chair of the Law Enforcement Legislative Committee and acting director of investigations for the attorney general’s office, and Brett Robinson of the Salt Lake County District Attorney’s Office urged support, saying the bill targets adults driving gang activity and organized retail theft groups. David Spadafore appeared on behalf of the Utah Retail Association and said retailers helped draft provisions, including added gift-card theft language to modernize the statute.

The Criminal Defense Lawyers Association expressed concern about the breadth of group enhancements: Mark Moffett warned the measure reduced the prior 3-or-more-person group enhancement to a 2-or-more-person standard, which could sweep in young people acting together and produce unintended consequences. The sponsor and defenders said they will continue to work with defense stakeholders as the bill moves through the legislative process.

Representative Peterson moved to substitute the first substitute with the second substitute; the committee adopted the second substitute and then voted to pass HB 38 out favorably by voice vote.