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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
VETOED
shoplifting; prior offenses
Purpose
Stipulates that any time a person spent on absconder status while on probation, on escape status or incarcerated is excluded in calculating if the person has previously committed or been convicted of two or more outlined offenses within the past five years for the purpose of calculating whether the person is guilty of a class 4 felony.
Background
Current statute deems that a person is guilty of a class 4 felony if the person, in the course of shoplifting, uses an artifice, instrument, container, device or other article with the intent to facilitate shoplifting or who commits shoplifting and who has previously committed or been convicted of two or more offenses involving burglary, shoplifting, robbery, organized retail theft or theft within the past five years.
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 immediate display or from any other place within the 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 some trick or artifice
such as altering, removing, substituting or otherwise disfiguring any label,
price tag or marking; 4) transferring the goods from one container to another;
or 5) concealment. A merchant, or a merchant's agent or employee, with
reasonable cause, may detain on the premises in a reasonable manner and for a
reasonable time any person who is suspected of shoplifting for
questioning or summoning a law enforcement officer (A.R.S.
§ 13-1805).
A class 4 felony carries a presumptive imprisonment sentence of 2.5 years for a first time felony offender, with a possible maximum sentence of 15 years for aggravated offenses committed by a category 3 repetitive offender (A.R.S. §§ 13-702 and 13-703). The fine for a felony may be up to $150,000 (A.R.S. § 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates that any time a person spent on absconder status while on probation, on escape status or incarcerated is excluded in calculating if the person has previously committed or been convicted of two or more offense involving burglary, shoplifting, robbery, organized retail theft or theft within the past five years.
2. Defines escape as:
a) a departure from custody or from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility in which a person is held or detained, with knowledge that the departure is not allowed, or the failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period; or
b) a failure to report as ordered to custody or detention to begin serving a term of incarceration.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that she signed S.B. 1411 establishing an Organized Retail Theft Task Force in the Attorney General's office, and that she is looking forward to reviewing their policy recommendations and working together with the Organized Retail Theft Task Force to find balanced policies for this matter.
Senate Action House Action
MAPS 2/7/24 DP 5-0-2 JUD 2/28/24 DP 6-3-0-0
3rd Read 2/19/24 22-6-2 3rd Read 4/3/24 42-17-0-0-1
Vetoed by the Governor 4/16/24
Prepared by Senate Research
April 23, 2024
ZD/SB/cs