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REFERENCE TITLE: erasing digital copy machine; offense |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2244 |
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Introduced by Representatives Robson: Brophy McGee
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AN ACT
amending title 13, chapter 37, Arizona Revised Statutes, by adding section 13-3708; relating to offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 37, Arizona Revised Statutes, is amended by adding section 13-3708, to read:
13-3708. Unlawful assigning, transferring, selling or giving of a digital copy machine; civil action; classification; definitions
A. An individual or enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property shall destroy or arrange for the destruction of every record that is stored on a digital copy machine before assigning, transferring, selling or giving the digital copy machine to another person.
B. A person whose business or property is injured arising out of a violation of this section may bring an action in superior court to recover damages, including compensatory and punitive damages. The successful party is entitled to recover reasonable attorney fees and costs.
C. An individual or enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society or an individual or entity capable of holding a legal or beneficial interest in property who violates this section is guilty of a class 1 misdemeanor.
D. For the purposes of this section:
1. "Destroy" or "destruction" means to erase or otherwise modify a record so that the record is unreadable, undecipherable or nonreconstructable through generally available means.
2. "Record" means any material recorded or preserved by any means.