SB1027 - 472R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-105, Arizona Revised Statutes, is amended to read:

START_STATUTE13-105. Definitions

In this title, unless the context otherwise requires:

1. "Act" means a bodily movement.

2. "Benefit" means anything of value or advantage, present or prospective.

3. "Calendar year" means three hundred sixty‑five days' actual time served without release, suspension or commutation of sentence, probation, pardon or parole, work furlough or release from confinement on any other basis.

4. "Community supervision" means that portion of a felony sentence imposed by the court pursuant to section 13‑603, subsection I and served in the community after completing a period of imprisonment or served in prison in accordance with section 41‑1604.07.

5. "Conduct" means an act or omission and its accompanying culpable mental state.

6. "Crime" means a misdemeanor or a felony.

7. "Criminal street gang" means an ongoing formal or informal association of persons whose members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and who that has at least one individual who is a criminal street gang member.

8. "Criminal street gang member" means an individual to whom two of the following seven criteria that indicate criminal street gang membership apply:

(a) Self‑proclamation.

(b) Witness testimony or official statement.

(d) Paraphernalia or photographs.

(e) Tattoos.

(f) Clothing or colors.

(g) Any other indicia of street gang membership.

9. "Culpable mental state" means intentionally, knowingly, recklessly or with criminal negligence as those terms are thusly defined:

(a) "Intentionally" or "with the intent to" means, with respect to a result or to conduct described by a statute defining an offense, that a person's objective is to cause that result or to engage in that conduct.

(b) "Knowingly" means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.

(c) "Recklessly" means, with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk.

(d) "Criminal negligence" means, with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

10. "Dangerous drug" means dangerous drug as defined by section 13‑3401.

11. "Dangerous instrument" means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.

12. "Deadly physical force" means force which is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury.

13. "Deadly weapon" means anything designed for lethal use, . The term includes including a firearm.

14. "Economic loss" means any loss incurred by a person as a result of the commission of an offense. Economic loss includes lost interest, lost earnings and other losses which would not have been incurred but for the offense. Economic loss does not include losses incurred by the convicted person, damages for pain and suffering, punitive damages or consequential damages.

15. "Enterprise" includes any corporation, association, labor union or other legal entity.

16. "Felony" means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state.

17. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition.

18. "Government" means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision.

19. "Government function" means any activity which a public servant is legally authorized to undertake on behalf of a government.

20. "Intoxication" means any mental or physical incapacity resulting from use of drugs, toxic vapors or intoxicating liquors.

21. "Misdemeanor" means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state.

22. "Narcotic drug" means narcotic drugs as defined by section 13‑3401.

23. "Offense" or "public offense" means conduct for which a sentence to a term of imprisonment or of a fine is provided by any law of the state in which it occurred or by any law, regulation or ordinance of a political subdivision of that state and, if the act occurred in a state other than this state, it would be so punishable under the laws, regulations or ordinances of this state or of a political subdivision of this state if the act had occurred in this state.

24. "Omission" means the failure to perform an act as to which a duty of performance is imposed by law.

25. "Peace officer" means any person vested by law with a duty to maintain public order and make arrests.

26. "Person" means a human being and, as the context requires, an 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.

27. "Petty offense" means an offense for which a sentence of a fine only is authorized by law.

28. "Physical force" means force used upon or directed toward the body of another person and includes confinement, but does not include deadly physical force.

29. "Physical injury" means the impairment of physical condition.

30. "Possess" means knowingly to have physical possession or otherwise to exercise dominion or control over property.

31. "Possession" means a voluntary act if the defendant knowingly exercised dominion or control over property.

32. "Property" means anything of value, tangible or intangible.

33. "Public servant":

(a) Means any officer or employee of any branch of government, whether elected, appointed or otherwise employed, including a peace officer, and any person participating as an advisor, or consultant or otherwise in performing a governmental function. The term

(b) Does not include jurors or witnesses. Public servant

(c) Includes those who have been elected, appointed, employed or designated to become a public servant although not yet occupying that position.

34. "Serious physical injury" includes physical injury which creates a reasonable risk of death, or which causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.

35. "Unlawful" means contrary to law or, where the context so requires, not permitted by law.

36. "Vehicle" means a device in, upon or by which any person or property is, or may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

37. "Voluntary act" means a bodily movement performed consciously and as a result of effort and determination.

38. "Voluntary intoxication" means intoxication caused by the knowing use of drugs, toxic vapors or intoxicating liquors by a person, the tendency of which to cause intoxication the person knows or ought to know, unless the person introduces them pursuant to medical advice or under such duress as would afford a defense to an offense. END_STATUTE

Sec. 2. Section 13-1802, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1802. Theft; classification

A. A person commits theft if, without lawful authority, the person knowingly:

1. Controls property of another with the intent to deprive the other person of such property; or

2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or

3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or

4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use without reasonable efforts to notify the true owner; or

5. Controls property of another knowing or having reason to know that the property was stolen; or

6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another's services to the person's own or another's benefit without authority to do so.

B. A person commits theft if the person knowingly takes control, title, use or management of an incapacitated or vulnerable adult's assets or property through intimidation or deception, as defined in section 46‑456, while acting in a position of trust and confidence and with the intent to deprive the incapacitated or vulnerable adult of the asset or property.

C. The inferences set forth in section 13‑2305 apply to any prosecution under subsection A, paragraph 5 of this section.

D. At the conclusion of any grand jury proceeding, hearing or trial, the court shall preserve any trade secret that is admitted in evidence or any portion of a transcript that contains information relating to the trade secret pursuant to section 44‑405.

E. Theft of property or services with a value of twenty‑five thousand dollars or more is a class 2 felony. Theft of property or services with a value of three thousand dollars or more but less than twenty‑five thousand dollars is a class 3 felony. Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars is a class 4 felony, except that theft of any vehicle engine or transmission is a class 4 felony regardless of value. Theft of property or services with a value of one thousand dollars or more but less than two thousand dollars is a class 5 felony. Theft of property or services with a value of two hundred fifty dollars or more but less than one thousand dollars is a class 6 felony. Theft of any property or services valued at less than two hundred fifty dollars is a class 1 misdemeanor, unless such property is taken from the person of another, or is a firearm or is a dog taken for the purpose of dog fighting in violation of section 13‑2910.01, in which case the theft is a class 6 felony.

F. A person who is convicted of a violation of subsection A, paragraph 1 or 3 of this section that involved property with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31‑233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted. END_STATUTE

Sec. 3. Section 13-4702, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4702. Conducting a chop shop; exception; violation; classification

A. A person shall not knowingly:

1. Own or operate a chop shop.

2. Transport a motor vehicle or motor vehicle part to or from a chop shop.

3. Sell or transfer to or purchase or receive from a chop shop a motor vehicle or motor vehicle part.

4. Remove, destroy, deface or otherwise alter a vehicle identification number with the intent to misrepresent or prevent the identification of the motor vehicle or motor vehicle part.

5. Buy, sell, transfer or possess a motor vehicle or motor vehicle part knowing that the motor vehicle identification number has been removed, destroyed, defaced or otherwise altered.

B. This section does not apply to law enforcement authorities and lawful owners acting in good faith, towing companies or scrap processors, licensed automotive recyclers and other businesses acting in good faith and in the normal course of business and in conformance with all applicable laws.

C. A person who violates subsection A, paragraph 1 of this section is guilty of a class 2 felony. A person who violates subsection A, paragraph 2, 3, 4 or 5 of this section is guilty of a class 4 felony. END_STATUTE