The House of Delegates decided to refer the matter to the Virginia State Crime Commission to study further. Martinez’s HB 2105 bill sought to repeal a law from 2023 that classified organized retail theft above $5,000 as a Class 3, felony punishable by 20 years of prison. Martinez argued this measure unfairly burdened minor offenders, and lacked sufficient data to prove it was effective.
The law was signed by Glenn Youngkin on July 20, 2023. HB 2105, introduced early in the session that ran from January 8, 2025 to February 22, 2025, sought to repeal it. This bipartisan statute targets conspiracy to steal retail items worth more than $5,000 in a 90-day time period with the intent to resell. It was a response against viral videos of brazen shopping sprees throughout the U.S.
Martinez said to a House Subcommittee late in January that the $5,000 threshold for felony convictions was arbitrary. We’ve had only six months to test this. I’d prefer to have data that shows it is hitting the right targets rather than lock people up over a few thousands dollars for years.
Republicans and moderate Democrats reacted immediately to the bill, citing rising concerns about retail theft raised by store owners and Virginia Retail Federation. “This law sends out a clear message that Virginia will not tolerate smash-and-grab crime,” said Delegate Jason Ballard, R-Pearisall. He echoed Attorney General Jason Miyares’s 2023 position that harsher penalties would deter criminal activity. Martinez, who was unable to get the Democratic majority (51-49) on board, requested that the bill be sent to the Crime Commission in early February. The subcommittee agreed on February 3 and effectively put the bill on hold until 2025.
Martinez’s decision is not one of defeat, but rather caution. He said, “I won’t give up.” He said, “I’m not giving up.”
Critics like Delegate Marcus Simon, D-Falls Church, have lamented this delay. Simon stated that “we’re losing a chance now to fix an abuse.” Virginia’s felony threshold for thefts committed alone rose to $1,000 by 2022. Organized theft, however, carries a harsher punishment of $5,000. Martinez’s repeal is seen by supporters of the original legislation as a softening of crime laws, particularly as retailers are reporting losses due to coordinated thefts.
The fate of the bill reveals a larger tension in Virginia’s Democratic legislature, which aims to balance progressive justice reforms and public safety demands. In Loudoun County where economic concerns and calls for equity often conflict, Martinez’s position could resonate. The $5,000 threshold for felony convictions remains in place, but Martinez has ignited a discussion that is far from over.
