[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4011 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4011

To amend title 18, United States Code, with respect to organized retail 
                     theft, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2009

   Mr. Smith of Texas (for himself and Mr. Goodlatte) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, with respect to organized retail 
                     theft, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Organized Retail Crime Prevention 
and Enforcement Act of 2009''.

SEC. 2. TRANSPORT OF GOODS FOR SALE ON ONLINE MARKETPLACE.

    Section 2314 of title 18, United States Code, is amended--
            (1) by striking the one-m dash at the end of the 5th 
        paragraph and inserting ``; or''; and
            (2) by inserting after the 5th paragraph the following:
    ``Whoever transports, transmits, or transfers in interstate or 
foreign commerce any goods, wares, or merchandise, of the value of 
$1,000 or more, for sale on an online marketplace, knowing the same to 
have been stolen, converted, or taken by fraud--''.

SEC. 3. SALE OF GOODS ON ONLINE MARKETPLACE.

    Section 2315 of title 18, United States Code, is amended--
            (1) by striking the one-m dash at the end of the 3rd 
        paragraph and inserting ``; or''; and
            (2) by inserting after the 3rd paragraph the following:
    ``Whoever by means of an online marketplace barters or sells any 
goods, wares, or merchandise, of a value of $1,000 or more, knowing the 
same to have been stolen, converted, or taken by fraud, or attempts to 
do so--''.

SEC. 4. DEFINITIONS FOR NEW OFFENSES.

    Section 2311 of title 18, United States Code, is amended--
            (1) by inserting after the paragraph ending with ``running 
        on land but not on rails'' the following:
    ```Online marketplace' means an Internet site, or collection of 
Internet sites with a common operator, whose primary purpose is to 
facilitate transactions between people for the sale of goods and 
services;''.
            (2) by inserting after the paragraph ending with ``or the 
        carcass or carcasses thereof'' the following:
    ```Internet site' means a web site or location on the Internet that 
is accessible at a specific Internet domain name, is accessible at a 
specific address under the Internet Protocol (or any successor 
protocol), or is identified by a uniform resource locator;''.

SEC. 5. ORGANIZED RETAIL CRIME TASK FORCES.

    (a) Establishment.--The Attorney General shall establish multi-
jurisdictional task forces to initiate investigations of organized 
retail theft and dismantle organized retail theft criminal enterprises 
in the six United States district court districts with the greatest 
incidence of organized retail theft, as determined by the Attorney 
General.
    (b) Report to Congress.--The Attorney General shall report annually 
to Congress on the activities of the task forces established under this 
section.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for fiscal year 2011 
and for each of the 4 succeeding fiscal years.
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