2025 Property & Theft Bills.

We worked on HB 38 Criminal Offenses Modifications extensively throughout the interim and the session, which is the bill targeted at organized retail theft. It defines an "organized criminal group" as three or more people who commit criminal offenses for the material benefit of the group and reduces the number of people that must be involved in the commission of a crime for it to be subject to the gang enhancement from 4 total people to 3 total people (which we were able to negotiate instead of 2). It amends the list of crimes eligible for enhancement to include criminal solicitation of a minor, property destruction, burglary, theft, identity fraud, weapons offenses, prostitution, communications fraud, money laundering, and transporting or harboring aliens. We were able to add language that would apply the enhancement only if the person had a prior conviction of one of the listed nonviolent offenses where another person was also convicted in the same case, or if the person traveled more than 50 miles to commit the crime. The bill also increases penalties for recruiting a minor to join a gang or intimidating a minor to remain in a gang from a class B to class A misdemeanor if the actor is a minor or a third degree felony if the actor is an adult and creates an elevated aggravated penalty if a dangerous weapon was used or bodily injury or serious emotional distress was caused. The newer version of the bill also increases the penalties for sexual extortion with bodily or psychological injury from a second degree felony to a first degree felony and increases fines for patronizing a prostitute or aiding prostitution.

HB 96 Fraud Amendments was on our list of penalty bills that should be dropped outright, but we were able to get some of the enhancements removed before it passed. The original bill established a tiered penalty enhancement scheme to the crime of defrauding creditors based on the value of the unpaid balance. The newest version removes some of the penalty tiers, including a second degree felony, and significantly raises the threshold for the higher penalty. As written, the bill makes the crime of defrauding creditors a class A misdemeanor, which can be enhanced to a third degree felony if the unpaid balance owed to the creditor on the property at the time of the act is or exceeds $10,000. We see this version of the bill as something that will be used sparingly and may actually provide another plea down/negotiating alternative in some fraud or theft cases.

HB 430 Security and Land Restriction Amendments creates a third degree felony when someone knowingly purchases an interest in land on behalf of a restricted foreign entity. The original bill established this as a class A misdemeanor, and it is unclear why the penalty was increased in the final version.

HB 477 School Trespass Amendments narrows the class B misdemeanor offense of criminal trespass on a school to exclude LEA offices and individuals giving public comment in a local school board meeting that comply with relevant restrictions.

HB 505 Homeless Services Revisions creates the class C misdemeanor of unsanctioned camping on state property.

SB 55 Unauthorized Use of Residential Real Property Amendments creates a second degree felony for property damage or destruction by a trespasser in a residential dwelling if damages are $1,000 or more and a second degree felony of fraudulent advertisement, sale, or lease of residential real property when property is sold that is not owned by the seller. It also creates a process for an owner to request that the sheriff immediately remove a trespasser occupying a residential dwelling. We met with the sponsor, Sen. Balderree, but she was not open to modifying the bill.

SB 133 Metal Purchase and Theft Amendments modifies the crime of metal or catalytic converter theft for actors who obtain or exercise unauthorized control over another person's metal, with a tiered penalty schematic. Last year’s catalytic converter bill put the onus on pawn shops to report suspicious catalytic converter sales, which was unclear for them, so the sponsor ran this to ease some of that burden.