[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3651 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3651

 To require the Attorney General to study the effectiveness of retail 
  theft rehabilitation programs and to clarify that such programs are 
                     permissible under Federal law.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2018

   Mr. Hatch introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require the Attorney General to study the effectiveness of retail 
  theft rehabilitation programs and to clarify that such programs are 
                     permissible under Federal law.

    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 ``Retail Justice Review Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``potential program participant'' means an 
        individual who a retailer has probable cause to believe stole 
        or attempted to seal property from the retailer;
            (2) the term ``program participant'' means an individual 
        who--
                    (A) a retailer has probable cause to believe stole 
                or attempted to steal property from the retailer; and
                    (B) participates in a retail theft rehabilitation 
                program offered by the retailer;
            (3) the term ``retail theft rehabilitation program'' means 
        an education program that a retailer offers, directly or 
        through a third party, to a potential program participant 
        instead of making or filing a report of theft with a law 
        enforcement agency; and
            (4) the term ``retailer'' means a person that is engaged in 
        the business of selling goods at retail.

SEC. 3. STUDY AND REPORT.

    (a) Study.--
            (1) In general.--The Attorney General shall conduct a study 
        that examines the effectiveness of retail theft rehabilitation 
        programs.
            (2) Requirements.--In conducting the study under paragraph 
        (1), the Attorney General shall--
                    (A) consider any information the Attorney General 
                considers relevant to examining the effectiveness of 
                retail theft rehabilitation programs, including the 
                effect of the programs on--
                            (i) the number of calls made to law 
                        enforcement agencies due to retail theft;
                            (ii) the burden of retail theft on law 
                        enforcement agencies, prosecutors, courts, and 
                        other justice system agencies;
                            (iii) the recovery of restitution or civil 
                        remedies by retailers; and
                            (iv) recidivism among program participants;
                    (B) evaluate the fairness of retail theft 
                rehabilitation programs, including whether the effects 
                of the programs are discriminatory on the basis of 
                race, age, sex, or income;
                    (C) include case studies of retail theft 
                rehabilitation programs in effect as of the date on 
                which the study is initiated, including, to the extent 
                practicable, case studies drawn from geographically 
                diverse regions of the United States; and
                    (D) consult with--
                            (i) program participants;
                            (ii) retailers who have implemented retail 
                        theft rehabilitation programs;
                            (iii) Federal, State, local, and tribal law 
                        enforcement agencies; and
                            (iv) third-party providers of retail theft 
                        rehabilitation programs.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Attorney General shall submit to Congress and make 
publicly available a report containing--
            (1) findings from the study conducted under subsection (a); 
        and
            (2) final recommendations based on the findings under 
        paragraph (1) of this subsection.

SEC. 4. APPLICABILITY OF FEDERAL LAW.

    Notwithstanding any other provision of Federal law, a retailer may 
offer a retail theft rehabilitation program in accordance with State, 
local, and tribal law.
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