Washington State Takes on Organized Retail Crime With Harsher Sentencing Bill
Last week, the Washington House Committee on Community Safety heard testimony about House Bill 1276, which would add 12 months to the sentence of an individual found guilty of organized retail theft of property worth $20,000 or more. The law also creates a 24-month sentencing framework if the stolen property is worth $50,000 or more.
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Currently, organized retail crime is punishable by a sentence of up to 10 years, depending on the value of the goods stolen and the seriousness of the offense. An individual can be found guilty of organized retail theft if they steal or possess stolen goods from a mercantile establishment valued at $750 or more with an accomplice, if they commit property theft from such a business with a cumulative value of $750 or more within 180 days, or if they commit a property theft worth $750 or more with no less than six accomplices and make or send at least one electronic message seeking participation during the course of the theft or the planning of the theft.
Bill author Rep. Mari Leavitt, who represents the 28th District including Pierce County, said the state has dealt with a catastrophic increase in retail theft.
'Washington has the reality of being the state most impacted by organized retail theft; in 2021, it was reported to impact our businesses by nearly $2.7 billion,' she said.
'Organized retail theft doesn't just impact the retailers, but the public's safety as well. And these aren't just folks stealing to sustain themselves or to live or take care of their families—these are organized and intentional, large theft rings,' Leavitt added.
According to the Representative, a small number of criminals are thought to responsible for much of the state's retail theft losses. For example, one individual in Western Washington went on a crime spree in January, targeting sneaker retailers throughout the area and generating about $500,000 in losses across multiple jurisdictions.
'Addressing high levels of organized retail theft is critical,' Leavitt said. 'It impacts our businesses who can't absorb the loss and may have to lay off workers. It impacts our state by having lost tax dollars that could go back into the strength of our economy, and it impacts consumers who may not feel safe as a result to do their shopping.'
Mark Johnson, senior vice president of policy and government affairs for the Washington Retail Association, said the group's members lose nearly $3 billion each year to retail theft.
'Most of that's organized retail crime—it's not the one off individual that's a crime of opportunity…. It's not somebody that's housing, insecure, cold, hungry. These are premeditated, planned, very sophisticated operations. They do not take one or two items. They take an entire shelf load of items,' he added.
Johnson, who serves as the government affairs chairman for the Washington State Organized Retail Crime Association and on the Attorney General's Task Force on Organized Retail Crime, pointed to a recent string of incidents wherein a crime ring in Seattle stole $80,000 in Lululemon leggings over a period of months.
Mayor Jim Ferrell of the City of Federal Way told the Committee that between October 2024 and earlier this month, a group of three individuals stole about $143,000 in merchandise from stores in his district like Ulta. At least 24 separate incidents were reported before the thieves were apprehended.
'These groups take advantage of the outdated state laws and prosecution that just didn't contemplate this type of activity, and get around the sentencing, which allows their members, in many cases, to avoid significant prosecution consequences,' he said. 'These laws allow criminal rings to operate with impunity across county and state lines, hitting store after store and accumulate massive quantities of stolen goods. These goods are then passed off or pawned off to a legitimate merchant as legitimate merchandise and sold in huge quantities online.'
While there is no publicly available timeline for a vote on the bill, HB 1276 has the support of bipartisan lawmakers throughout the state.
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