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Virginia ready to pass Civil Restitution law

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  • Virginia ready to pass Civil Restitution law

    For those who work LP in Virginia: HB 961 Shoplifting and employee theft; merchant allowed to recover damages under certain circumstances.

    Here's how the Bill reads as of the last amendment
    Last edited by Curtis Baillie; 02-28-2012, 03:03 PM.
    Retail Security Consultant / Expert Witness
    Co-Author - Effective Security Management 6th Edition

    Contributor to Retail Crime, Security and Loss Prevention: An Encyclopedic Reference

  • #2
    Interesting. I thought that all 50 states had enacted some form of civil recovery statute several years ago. Are there still hold-outs?

    I like how this one is written, specifically stating that civil action can be brought against the subject whether of not they are being prosecuted. The civil recovery statute here in NH is more complicated, with some courts reading it as double jeopardy and refusing to proceed with cases when the merchant expresses interest in the option even when they haven't pursued it.

    http://www.gencourt.state.nh.us/rsa/...-C/544-C-1.htm
    "I don't do judgment. Just retrieval."

    "The true triumph of reason is that it enables us to get along with those who do not possess it."

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    • #3
      VA used to be an either or state. Either prosecution or civil, not both. Some states such as RI (i believe) do not allow retailers to collect CD. States such as mine allow us to collect the amount of stolen merchandise with no max. MD had a max of $1000. Since mycompany instructs us to collect as much as we can at the time of incident, we must be well versed in CD laws and we have a huge library of online CD material.

      Also is this a civil demand or civil restitution law? In my state there is a difference.

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      • #4
        Originally posted by darkenna View Post
        Interesting. I thought that all 50 states had enacted some form of civil recovery statute several years ago. Are there still hold-outs?

        I like how this one is written, specifically stating that civil action can be brought against the subject whether of not they are being prosecuted. The civil recovery statute here in NH is more complicated, with some courts reading it as double jeopardy and refusing to proceed with cases when the merchant expresses interest in the option even when they haven't pursued it.

        http://www.gencourt.state.nh.us/rsa/...-C/544-C-1.htm
        I'm currently creating a database for my website on the various state statutes regarding civil demand. You will be able to click on a state and see the statute.

        There are very few states that do not allow pursuing both civil and criminal charges.
        Last edited by Curtis Baillie; 02-28-2012, 08:29 PM.
        Retail Security Consultant / Expert Witness
        Co-Author - Effective Security Management 6th Edition

        Contributor to Retail Crime, Security and Loss Prevention: An Encyclopedic Reference

        Comment


        • #5
          Originally posted by capurato View Post
          VA used to be an either or state. Either prosecution or civil, not both. Some states such as RI (i believe) do not allow retailers to collect CD. States such as mine allow us to collect the amount of stolen merchandise with no max. MD had a max of $1000. Since mycompany instructs us to collect as much as we can at the time of incident, we must be well versed in CD laws and we have a huge library of online CD material.

          Also is this a civil demand or civil restitution law? In my state there is a difference.
          It's what ever the state wants to call it.
          Retail Security Consultant / Expert Witness
          Co-Author - Effective Security Management 6th Edition

          Contributor to Retail Crime, Security and Loss Prevention: An Encyclopedic Reference

          Comment


          • #6
            That will be an extremely useful resource, Curtis. Can't wait to see it. Thanks!

            As an added resource, another one of our industry's illustrious names, Walter Palmer, has compiled a reasonably-current list of state statutes relevant to shoplifting, which can be browsed at his company's website, here: http://www.pcgsolutions.com/industry...lifiting-laws/
            "I don't do judgment. Just retrieval."

            "The true triumph of reason is that it enables us to get along with those who do not possess it."

            Comment


            • #7
              Originally posted by darkenna View Post
              That will be an extremely useful resource, Curtis. Can't wait to see it. Thanks!

              As an added resource, another one of our industry's illustrious names, Walter Palmer, has compiled a reasonably-current list of state statutes relevant to shoplifting, which can be browsed at his company's website, here: http://www.pcgsolutions.com/industry...lifiting-laws/
              Walter is a great resource as is the NASP site.
              Retail Security Consultant / Expert Witness
              Co-Author - Effective Security Management 6th Edition

              Contributor to Retail Crime, Security and Loss Prevention: An Encyclopedic Reference

              Comment

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