Ohio has a new retail theft law on the books, and it stipulates stiffer punishments for organized retail crime.
The Fight Organized Retail Crime and Empower Law Enforcement (FORCE) Act, written by the state’s Attorney General, Dave Yost, was signed into law this week by Governor Mike DeWine. It targets retail theft rings with harsher penalties and creates a statewide task force and advisory council within the Attorney General’s Office.
Yost’s office worked closely with the Ohio Council of Retail Merchants (OCRM) and Ohio Chamber of Commerce (OCC) to craft the bill, which creates a new felony offense of “organized retail theft,” for which penalties will range based on the value of stolen merchandise. In addition, repeat offenders will face a minimum fourth-degree felony charge if they have been convicted of a felony within the past three years.
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OCRM data shows that organized retail theft accounts for between $2 billion and $3 billion in losses for Ohio retailers each year, with crimes usually involving groups of thieves hitting up stores to bag large volumes of merchandise. These items are typically sold at a profit, and retailers have reported having to raise prices due to the increasing strain and shrink.
“Consumers bear the cost when organized retail theft goes unchecked,” Yost said. “With this law, we aim to make sure the thieves are the ones who pay the price.”
The Attorney General’s Office’s new task force will fall under its Ohio Organized Crime Investigations Commission, allocating more resources to the investigation of such crimes across the state. The law also mandates the formation of an Organized Retail Theft Advisory Council, which will consist of Yost and representatives from the Ohio Prosecuting Attorneys Association, OCRM and Ohio Grocers Association, along with other stakeholder groups.
State Representative Haraz Ghanbari called FORCE “a critical step in combating organized retail theft, providing law enforcement and prosecutors with the tools they need to hold offenders accountable and protect Ohio businesses.”
“I am grateful to see this important piece of legislation signed into law and once again show that Ohio is the most business-friendly state in the country,” added State Senator George Lang. “The FORCE Act will protect our retailers, customers and communities.”
OCRM president and CEO Gordon Gough said the group was pleased with the legislation, noting that it “makes Ohio a leader in combating the scourge of organized retail crime afflicting retailers and consumers.”
“The FORCE Act brings valuable resources to state and local law enforcement through funding and the establishment of a statewide task force housed in the office of Ohio Attorney General Dave Yost,” he said. “In addition, it will help facilitate direct collaboration between retail loss prevention executives, law enforcement and prosecutors. Lastly, the legislation makes necessary changes to our statutes to better address the dynamic and constantly evolving trends in organized retail crime.”
Ohio Chamber of Commerce president and CEO Steve Stivers said Ohio’s business community has “long been concerned with rising crime levels, and our own research shows that crime discourages Ohio businesses from expanding.”
The new penalties mirror many of the Chamber’s recommendations from its own task force, which were designed to increase accountability for bad actors and enhance security for businesses. “We especially applaud the work of Attorney General Dave Yost and his office to keep prosecutorial tools nimble as retail theft becomes increasingly more organized and sophisticated,” Stivers said.
