Assigned to COMPS AS
PASSED BY COMMITTEE
Assigned to COMPS AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
pre-arrest diversion; precomplaint education program
Purpose
Permits a merchant to allow a person who is suspected of shoplifting to complete an education program instead of reporting the crime to law enforcement.
Background
Current law states that a person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of another with the intent to deprive that person of such goods by: 1) removing any of the goods from the display or establishment without paying the purchase price; 2) charging the purchase price of the goods to a fictitious person or any person without that person's authority; 3) paying less than the purchase price of the goods by specified tricks or artifice; 4) transferring the goods from one container to another; or 5) concealment. The penalty for shoplifting varies from a class 1 misdemeanor to a class 4 felony, depending on the nature of the crime and the value of the goods stolen (A.R.S. § 13-1805).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Permits a merchant, in lieu of reporting alleged shoplifting to law enforcement, to offer a person suspected of shoplifting an opportunity to complete a precomplaint education program and inform the person of relevant criminal and civil remedies that are available to the state and the merchant.
2. Allows the merchant to reduce or waive the fee for the precomplaint education program based on the person's ability to pay.
3. Permits a merchant to offer the precomplaint education program directly or through an independent educational provider.
4. Prohibits a merchant from being compensated for offering a precomplaint education program.
5. Makes conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Prohibits a merchant from being compensated for offering a precomplaint education program.
Senate Action
COMPS 2/12/18 DPA 8-0-1
Prepared by Senate Research
February 15, 2018
GH/VR/lb