Measure aimed at thwarting organized retail theft criticized for not going far enough

[April 15, 2022] 

By Kevin Bessler | The Center Square

(The Center Square) – Lawmakers passed legislation addressing organized retail crime in Illinois, but some are saying the measure is watered down.

There have been several incidents of “smash-and-grab” crimes in Illinois, including on the Magnificent Mile in downtown Chicago and in Oak Brook.

House Bill 1091 defines organized retail crime in state law with the intent of reducing offenders’ ability to avoid prosecution.

Supporters, among them the Illinois attorney general and the Illinois Retail Merchants Association (IRMA), called the measure one of the strongest actions in the country to define organized retail crimes while increasing a prosecutor's ability to hold criminals accountable.

“Organized retail crime robs our communities of tax dollars, threatens the safety of employees and customers, and puts our communities at risk of further crime including illegal firearm purchases, human trafficking and terrorism,” said Rob Karr, president and CEO of IRMA. “By passing this measure, Illinois lawmakers are sending a message to criminals that these brazen thefts will not be tolerated and they will be prosecuted to the full extent of the law.”

Republicans, for the most part, voted in favor of the bill, but several GOP lawmakers called it watered down legislation and removed their names as cosponsors after a late amendment was filed to appease crime victims groups and the American Civil Liberties Union.

The amendment changed a part of the bill to identify ringleaders of organized retail crime rings, creating bigger penalties for them than for lower-level thieves who steal from stores and may be victims of human trafficking.

Illinois House Minority Leader Jim Durkin R-Western Springs - John O'Connor

Victims of organized retail theft, including retail establishments, will have a right to at least seven days notice of all court proceedings under the bill.

“If you vote yes for this bill, you are telling me and everyone in the state of Illinois that you care more about the retailers and the businesses in your districts than the victims of a violent crime,” said state Rep. Kelly Cassidy, D-Chicago. Cassidy voted against the measure early Saturday morning.

House Minority Leader Jim Durkin, R-Western Springs, said there are parts of the bill regarding the sale of stolen items online that work, but when cash bail ends in January, offenders will be released to commit “smash-and-grab” thefts again.

“It forces them to comply about where these products are coming from, but I will just say for the balance of this, there’s really nothing that shows to me no deterrent on the bad actors that we have been talking about for the past year,” Durkin said.

The measure is also backed by a $5 million investment within the state budget, allowing the attorney general’s office to award grants to state’s attorneys and law enforcement agencies that investigate and prosecute organized retail crime.

Kevin Bessler reports on statewide issues in Illinois for the Center Square. He has over 30 years of experience in radio news reporting throughout the Midwest.