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HB 2090: precomplaint program; pre-arrest diversion |
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PRIME SPONSOR: Representative John, LD 14 BILL STATUS: Senate Engrossed |
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Relating to PEPs.
Provisions
1. Allows a merchant to offer a person suspected of shoplifting an opportunity to complete a PEP instead of filing a police report with a LEA. (Sec 1)
2. Permits the merchant to offer this option while the person is being detained as a shoplifting suspect. (Sec 1)
3. Allows the merchant to inform the person of criminal and civil remedies, without the use of force or intimidation. (Sec 1)
4. States that the merchant can reduce/waive the fee to participate in the PEP, based on the person's ability to pay. (Sec. 1)
5. Prohibits a merchant who offers PEPs from:
a. Receiving payment from the PEP provider or a shoplifting suspect for offering the PEP;
b. Offering the program to a person who has previously been convicted of shoplifting or previously participated in a PEP;
c. Withdrawing an offer to participate in the PEP, if the person is meeting the terms of the agreement; and
d. Seeking prosecution against a person who has successfully completed a PEP relating to that incident. (Sec. 1)
6. Requires a merchant who offers PEPs to:
a. Provide the program through an independent third party;
b. Provide the person with specified information at the time the program is offered;
c. Require the PEP provider give written notice that the merchant is offering a PEP to all local LEAs and the county or city prosecutor, prior to implementing the program;
d. Offer any person who qualifies an opportunity to participate in a PEP; and
e. Coordinate with LEAs and prosecutors. This includes providing the following on request:
i. Information about the program, which is not considered a public record; and
ii. Identifying information for persons who meet the eligibility criteria and who:
Ř Have been detained;
Ř Were offered the opportunity to participate;
Ř Consented to participate;
Ř Completed the PEP; and
Ř Failed to complete the PEP. (Sec 1)
7. States that a person at/below 200% of the Federal Poverty Guidelines may have the PEP program fee reduced or waived. (Sec. 1)
8. Prohibits a merchant from seeking civil relief if a suspect completes a PEP. (Sec. 1)
9. Makes conforming changes. (Sec. 1)
Current Law
A.R.S. § 13-1805 states a person commits shoplifting if the person knowingly obtains the goods of another with the intent to deprive the person of such goods, while in an establishment where merchandise is displayed for sale. Statute outlines classifications of offenses relating to the value of shoplifted property, the use of a device with the intent to shoplift and previously committed offenses.
A.R.S. § 12-691 and A.R.S. § 13-3981 contain civil penalties and civil relief options for shoplifting and other misdemeanor offenses.
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Fifty-third Legislature HB 2090
Second Regular Session Version 4: Senate Engrossed
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