States, including South Carolina, ask Congress to take action against organized retail crime

COLUMBIA, S.C. (WCBD) — More than three dozen states, including South Carolina, asked Congress on Monday to again consider legislation that would crack down on organized retail theft nationwide.

In a Feb. 24 letter to House and Senate leadership, attorneys generals for 38 states and U.S. territories said action is needed to combat the growing “epidemic” of organized retail crime.

“Organized retail crime has reached a level never before seen in this country and, unfortunately, no community is immune from the economic impact and the violence that comes with it,” they wrote.

Organized retail crime involves the large-scale theft of merchandise from retail stores with the intent to resell the stolen items for profit, according to the FBI.

The issue rose to the forefront during the COVID-19 pandemic went videos of smash-and-grab robberies began circulating on social media, prompting widespread public safety concerns.

A recent survey from the National Retail Federation found shoplifting continues to be on the rise, with retailers reporting a 93% increase in incidents per year from 2019 to 2023.

Retailers have responded by locking up merchandise, hiring private security guards, and sometimes closing stores altogether, the attorneys general note.  

“Across the country, retailers, such as: Walgreens, Walmart and Target, have been forced to close stores due to a combination of sustained financial losses and their employees being physically assaulted by organized retail crime rings,” they wrote. “Many communities – including underrepresented communities – are devastated by store closures leading to a lack of access to groceries, medication and the staples of everyday life.”

To combat this, U.S. lawmakers introduced bills in 2023 that backers said would curb the trend by giving federal and local law enforcement more tools to prosecute organized retail theft. The bills did not make it out of committee.

The attorneys general now want Congress to reintroduce that legislation – and add to it.

“We hope that when this important legislation is re-introduced in the 119^th Congress, it will be strengthened by including provisions to increase federal penalties for supply chain thefts to act as a strong deterrent against the organized theft of goods in transit, which disrupts supply chains and affects every customer,” they wrote.  

The letter pointed to cargo thefts as a major component of organized retail theft, saying the disruption has contributed to inflationary prices on everyday goods like clothing and baby formula.

“Organized retail crime is not only resulting in higher prices and fewer choices for consumers, but these thugs are physically assaulting employees,” Attorney General Wilson said.

In the absence of federal action, dozens of states have passed laws targeting retail theft in recent years, according to the National Conference of State Legislatures.

Efforts to do the same in South Carolina are moving forward.

The South Carolina Senate gave second reading on Tuesday to a bill that would criminalize organized retail crime and establish graduated penalties based on the monetary value of the stolen items.  

It would also increase penalties for those who cause significant property damage or injury while committing such crimes.

those who cause property damage or injury during the commission of such crimes.

Rep. Jeff Johnson (R-Horry), who sponsored a nearly identical bill in the House, said law enforcement and retailers directly requested the existing retail theft law be strengthened so they can better enforce it.

“This is designed to keep people safe,” he said Feb. 13 on the House floor. “Hopefully we can keep the cost of goods from going up…and have these retailers as to where they can put the resources in to stop this.”

“The way it’s written now, it’s not worth it,” he added.

The House version passed unanimously earlier this month.