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CO HB1141

CO HB1141
Gift Card & Retail Property Crime Penalties


summary

Introduced
01/29/2025
In Committee
01/29/2025
Crossed Over
Passed
Dead
02/25/2025

Introduced Session

2025 Regular Session

Bill Summary

Current law requires mandatory sentencing to at least the minimum of the prescribed range for a person who, within the immediately preceding 4 years, was twice convicted of felony theft from a store and who is once again convicted of felony theft from a store. The bill requires a state court to sentence a person convicted of burglary, robbery, theft, or a related property crime from or of a store, who was convicted of any 2 of the specified property crimes or comparable municipal offenses from or of a store within the preceding 4 years, to at least the midpoint term for the current offense. The bill adds language to the existing theft statute clarifying how a gift card's value is determined for purposes of determining the offense level and associated penalty. If the stolen item of value is a gift card, then the value is the full monetary face value or, in the case of a variable load gift card, the maximum potential value, regardless of whether funds have been transferred to the gift card at the time of the theft. The bill adds gift cards to the list of written instruments subject to forgery.

AI Summary

This bill strengthens penalties for retail property crimes by introducing mandatory sentencing provisions for repeat offenders and clarifying how gift card values are determined in theft cases. Specifically, the bill requires state courts to sentence a person to at least the midpoint of the prescribed term for burglary, robbery, theft, or related property crimes from a store if they have been convicted of two such offenses within the preceding four years. The bill also provides a clear definition for gift cards, distinguishing between closed-loop (usable at a single merchant) and open-loop (usable at multiple merchants) gift cards. For theft purposes, the value of a stolen gift card will be calculated as its full monetary face value or maximum potential value, regardless of whether funds have been transferred to the card at the time of theft. Additionally, the bill adds gift cards to the list of written instruments subject to forgery, expanding legal protections against fraudulent gift card-related activities. The legislation aims to deter repeated retail property crimes by implementing stricter sentencing guidelines and providing more comprehensive legal definitions related to gift cards and theft.

Committee Categories

Justice

Sponsors (14)

Last Action

House Committee on Judiciary Postpone Indefinitely (on 02/25/2025)

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