Assigned to JUD                                                                                                                              FOR COMMITTEE

 

 

 

 

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2581

 

class 6 felonies; reclassification

 

Purpose

 

            Reclassifies various class 6 felonies as class 1 misdemeanors and increases the monetary thresholds for theft and shoplifting.

 

Background

 

Misdemeanor and Felony Sentencing

 

            Criminal offenses in Arizona fall into one of three categories – felonies, misdemeanors or petty offenses.  Felonies are the most serious type of offense, with a class 1 felony being the most serious and class 6 being the least serious.  Misdemeanors are less serious than felonies, with class 1 being the most serious and class 3 being the least serious.

 

            The punishment for a class 1 misdemeanor is up to a $2,500 fine and up to six months of imprisonment in a county jail.  Sentencing for felony charges can vary substantially depending upon whether an offense is a first, second or subsequent offense, or if the offense is a drug offense, a non-dangerous offense, a dangerous offense or a dangerous crime against children.  A non-dangerous first offense class 6 felony is punishable by a fine of up to $150,000 and a presumptive term of imprisonment of one year, which can be mitigated to one-third of one year or aggravated to two years.  

 

            Section 13-702, Arizona Revised Statutes, allows a court to designate a conviction for a class 6 felony as a class 1 misdemeanor if the court finds that: a) the person did not knowingly or intentionally inflict serious physical injury; b) the offense did not involve the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument; and c) the court determines it would be unduly harsh to sentence the defendant for a felony.  The court may immediately enter judgment of conviction of the misdemeanor or the court may place the person on probation and refrain from designating the offense as a misdemeanor until the probation is terminated.

 

Theft and Shoplifting

 

            Pursuant to A.R.S. § 13-1802, theft of property or services valued at: a) more than $25,000 is a class 2 felony; b) more than $3,000 but less than $25,000 is a class 3 felony; c) more than $2,000 but less than $3,000 is a class 4 felony; d) more than $1,000 but less than $2,000 is a class 5 felony; and e) more than $250 but less than $1,000 is a class 6 felony.  The monetary thresholds for theft were last amended in 1989.

 

            Pursuant to A.R.S. § 13-1805, shoplifting property valued at: a) more than $2,000 is a class 5 felony, b) more than $250 but less than $2,000 is a class 6 felony; and c) less than $250 is a class 1 misdemeanor.  The monetary thresholds for shoplifting were last amended in 1991.

 

            The fiscal impact associated with this legislation is undetermined.  Reclassifying certain class 6 felonies as class 1 misdemeanors could reduce operating costs for the Arizona Department of Corrections, although the reclassification could also reduce the number of felony fines collected.

 

Provisions

 

1.       Classifies the following offenses as class 1 misdemeanors, rather than class 6 felonies:

  1. owning a dog that the owner knows has a propensity to attack, to cause injury or to otherwise endanger the safety of human beings without provocation.
  2. failure to return rented or leased property.
  3. providing loans at a higher rate of interest than authorized by law.
  4. making any statement that is false to a public servant in connection with any official proceeding.
  5. sending or delivering false messages by telegraph or phone with the intent to deceive, injure or defraud another person.
  6. betting or wagering.
  7. having the ability to provide for a spouse, but abandoning and leaving a spouse in a destitute condition.
  8. having the ability to provide for a spouse, but failing to provide a spouse with necessary food, clothing, shelter or medical attendance.
  9. manufacturing, distributing, selling, renting, lending, offering or advertising for sale, rent or use any device used to obtain cable television without paying for the services.

 

2.      Increases the monetary thresholds for theft offenses, rendering theft of property or services valued at:

  1. less than $1,000 a class 1 misdemeanor.
  2. more than $1,000 but less than $2,000 a class 6 felony.
  3. more than $2,000 but less than $3,000 a class 5 felony.
  4. more than $3,000 but less than $4,000 a class 4 felony.
  5. more than $4,000 but less than $25,000 a class 3 felony.

 

3.      Increases the monetary thresholds for shoplifting offenses, rendering shoplifting of property or services valued at:

  1. less than $1,000 a class 1 misdemeanor.
  2. more than $1,000 but less than $2,000 a class 6 felony.

 

House Action

JUD                 1/17/06     DPA      9-0-0

3rd Read         2/7/06                     44-13-3

 

Prepared by Senate Research

February 16, 2006

JE/DL/ac