ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DPA/SE 7-3-0-0 | APPROP DPA/SE 11-2-0-0

HB 2383: technical correction; double punishment

Now: organized retail theft task force

Sponsor:  Representative Blackman, LD 6

Caucus & COW

 

Summary of the Strike-Everything Amendment to HB 2383

 

Overview

Establishes the organized retail theft task force (Task Force). Appropriates $1,500,000 in fiscal year (FY) 2022 to the Attorney General for the Task Force's operational and personnel expenses.

History

The Attorney General is authorized to investigate any offenses relating to fraud, theft, possession, sale or transportation of stolen property which occurs in more than one county, or occurs in one county and affects the residents of another county, or which may be prosecuted by more than one county attorney (A.R.S. § 21-422).

A person commits organized retail theft if the person, acting alone or with another person, removes merchandise from a retail establishment without paying the purchase price with the intent to resell the merchandise. Organized retail theft is classified as a class 4 felony (A.R.S. § 13-1819).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires the Attorney General to establish the Task Force to investigate offenses relating to stealing, embezzling or other illegal means of obtaining retail items for the reselling of the items into commerce. (Sec. 1)

2.   Requires the Attorney General to invite federal, state and local law enforcement to participate in the Task Force. (Sec. 1)

3.   Requires the Task Force to target individuals or entities committing theft and other property crimes for financial gain and to review, investigate and prosecute relevant cases brought forward by law enforcement agencies or authorized loss prevention personnel. (Sec. 1)

4.   Allows the Legislature to submit the name of a peace officer to the Attorney General and recommend the officer's placement on the Task Force. (Sec. 1)

5.   Directs the Attorney General to use the appropriated funds to enter into an intergovernmental agreement with law enforcement agencies or similar organized retail theft task force programs to assist with investigations, forensic examinations and prosecutions related to retail theft. (Sec. 1)

6.   States the Task Force's membership must include at least one full-time prosecutor, paralegal, support staff person, two investigators and four peace officers. (Sec. 1)

7.   Requires an annual report submitted to the Legislature on the Task Force's activities and recommendations. (Sec. 1)

8.   Terminates the Task Force on July 1, 2029. (Sec. 1)

9.   Appropriates $1,500,000 in FY 2022 from the state General Fund to the Attorney General for the Task Force's operational and personnel expenses. (Sec. 2)

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13.                    HB 2383

14.  Initials LC  Page 0 Caucus & COW

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