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House Engrossed
technical correction; double punishment (now: organized retail theft task force) |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2383 |
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AN ACT
amending title 41, chapter 1, article 5, Arizona Revised Statutes, by adding section 41-200; appropriating monies; relating to organized retail theft.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 41-200, to read:
41-200. Organized retail theft task force; duties; intergovernmental agreements; annual report; task force termination
A. The attorney general shall establish an organized retail theft task force to combat crimes that relate to the stealing, embezzling or obtaining by fraud, false pretenses or other illegal means of retail merchandise for the purpose of reselling the items or for reentering the items into commerce. The task force shall investigate only offenses or violations that are under the attorney general's jurisdiction pursuant to section 21-422.
B. The attorney general shall invite federal, state and local law enforcement personnel to participate in the task force to more effectively use their combined skills, expertise and resources. The task force shall review, investigate and prosecute appropriate cases brought before the task force by law enforcement agencies or authorized loss prevention personnel, or both. A member of the legislature may submit the name of a certified peace officer to the attorney general and recommend the officer's placement on the task force.
C. Members of the task force shall do all of the following:
1. Investigate, apprehend and prosecute as appropriate, individuals or entities that participate in the purchase, sale or distribution of stolen property from a retail establishment or through the use of an internet or network site.
2. Target individuals or entities that commit theft and other property crimes for financial gain.
D. the attorney general shall use monies appropriated to the attorney general for the task force to enter into one or more intergovernmental agreements with other state and local law enforcement agencies and with any similar organized retail theft task force program that coordinates a national network of coordinated task forces that assist federal, state, local and tribal law enforcement agencies in investigations, forensic examinations and prosecutions related to organized retail theft.
E. The task force shall consist of at least one full-time prosecutor, paralegal and support staff person and at least two investigators and four peace officers. The task force shall have a regularly scheduled meeting to review cases and provide updates on ongoing cases to all members of the task force.
F. On or before July 1 of each year, the task force shall submit a report to the legislature on the task force's activities and any recommendations for legislative action relating to criminal penalties for crimes that have a negative impact on this state's economy.
G. The task force established pursuant to this section ends on July 1, 2029 pursuant to section 41-3103.
Sec. 2. Appropriation; attorney general; organized retail theft task force; personnel
The sum of $1,500,000 is appropriated from the state general fund in fiscal year 2021-2022 to the attorney general for operational expenses of the organized retail theft task force established pursuant to section 41-200, Arizona Revised Statutes, as added by this act, and for hiring one attorney, one paralegal, two investigators and one support person within the office of the attorney general and four peace officers who are assigned to the task force to focus specifically on investigating and prosecuting organized retail crime.