PA House Passes Quigley Crackdown on Retail Theft

The Pennsylvania House of Representatives has approved legislation sponsored by Rep. Tom Quigley (R-Montgomery) that would impose harsher penalties for retail theft on repeat offenders who have completed an Accelerated Rehabilitation Program (ARD).

House Bill 1603 was introduced at the request of the Limerick Police Department, which has been dealing with a dramatic rise in retail thefts since the Philadelphia Premium Outlets opened in the township. Many of the people arrested for shoplifting are repeat offenders.

How bad is the problem? Reporter Brandie Kessler will have the following story in Wednesday's edition of The Mercury:

LIMERICK — Three men arrested for retail theft from the Philadelphia Premium Outlets over the weekend have extensive criminal histories and between them have prior arrests for rape, robbery and murder, with one of them being a registered sex offender, according to police.

That's just the latest of dozens of articles published in The Mercury about thefts from Philadelphia Premium Outlets.

From a press release issued by Quigley:

"The ARD program cannot be used as a shield for repeat offenders," said Quigley. "It is a very worthy program that helps people who genuinely made a one-time mistake, but the Legislature must close the loophole that is allowing repeat wrongdoers to be charged with multiple first offenses."

Quigley's legislation is in reaction to the case of Commonwealth v. Graeff, in which the Pennsylvania Superior Court ruled that because the definition of second offense in the retail theft statute did not include participation in ARD, a subsequent offense must be considered another first offense.

House Bill 1603 would correct this multiple first offense loophole, allowing prosecutors to charge defendants who participated in ARD but continue to break Pennsylvania’s retail theft law with a second-degree misdemeanor.

"This is an important bill that closes a loophole in the law which allows second-time retail theft offenders to receive a more lenient sentence reserved for first-time offenders. I would like to thank Representative Quigley for the expeditious manner in which he addressed this issue after it was brought to his attention by Limerick Township police detectives," said Limerick Township Chief of Police William J. Albany.

"House Bill 1603 is consistent with the manner in which our laws handle multiple DUI offenders who have completed ARD," said Quigley. "Enacting this measure will send the message that Pennsylvania will not tolerate continued and unabashed retail theft. Its cost to our businesses and society is too high."

The legislation, which was approved by a vote of 178-20, will now go before the Senate for its consideration.