Assigned to FIN AS
PASSED BY COW
Assigned to FIN AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
tax credit review; evaluation standard
(NOW: precomplaint education program; pre-arrest diversion)
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, under certain conditions.
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 without use of force or unlawful intimidation.
2. Requires a merchant to provide written notice of the terms of the program at the time the program is offered, including:
a) what actions are required to complete the course;
b) the timeframe in which the course must be completed;
c) the payment options; and
d) a point of contact for the program.
3. Prohibits a merchant from:
a) receiving remuneration from an educational provider or a person suspected of shoplifting for offering a precomplaint education program;
b) offering a precomplaint education program to a person who has previously been convicted of shoplifting or offered an opportunity to participate in the program;
c) rescinding an offer to participate in a program if the person meets the terms of the agreement;
d) seeking prosecution against a person suspected of shoplifting if the person has completed a program; and
e) seeking remedy for stolen goods.
4. Requires a merchant to:
a) notify law enforcement and the county or municipal attorney in the jurisdiction in which merchant is offering the program before implementing the program;
b) coordinate with law enforcement and prosecutors regarding participation criteria and course content; and
c) facilitate data sharing with law enforcement to enable investigation and prosecution of criminal activity.
5. Designates course content information provided to law enforcement as confidential business information exempt from public records requests, except that the information may be used for official purposes by a public entity, including for arrest and prosecution.
6. Requires, on request, a merchant to provide identifying information to law enforcement and prosecutors for all persons who meet eligibility criteria for participation in a program and have:
a) been detained by the merchant on suspicion of shoplifting;
b) been offered participation in the program;
c) consented to participate in the program;
d) completed the program; or
e) failed to complete the program.
7. Allows the merchant to reduce or waive the fee for the precomplaint education program if the person is below 200 percent of the federal poverty guidelines.
8. Requires a merchant to offer the precomplaint education program through an independent third party.
9. Prohibits discrimination based on:
a) age;
b) gender;
c) disability;
d) race;
e) color; or
f) religion.
10. Makes conforming changes.
11. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Adopted the strike-everything amendment.
2. Requires a merchant to offer a precomplaint education program through an independent third party.
3. Requires a merchant to provide written notice of the terms of a program.
4. Modifies notification requirements.
5. Prohibits a merchant from rescinding an offer to participate in a program and from seeking prosecution or remedy for stolen goods.
6. Prohibits a merchant from discriminating based on specified qualities.
7. Requires a merchant to provide specified information about participants to law enforcement and prosecutors on request.
Amendments Adopted by Committee of the Whole
· Clarifies that a merchant must only share information with law enforcement and prosecutors about people who meet the eligibility criteria for participation in a precomplaint education program, instead of all people who are detained by a merchant for shoplifting.
Senate Action
FIN 3/21/18 DPA/SE 7-0-0
Prepared by Senate Research
April 2, 2018
FB/VR/lb