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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
criminal damage; fine; business victims
Purpose
Establishes a minimum fine of $100 for a person who commits criminal damage, in addition to other penalties assessed, and establishes the Victims of Criminal Damage Fund (Fund). Requires the Supreme Court to deposit the fines collected in the Fund and requires the Administrative Office of the Courts to administer the Fund and to distribute monies from the Fund to a retail business as outlined.
Background
A person commits criminal damage by: 1) recklessly defacing or damaging property of another person; 2) recklessly tampering with property of another person so as to substantially impair its function or value; 3) recklessly damaging property of a utility; 4) recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water; 5) recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner; or 6) intentionally tampering with utility property.
Criminal damage is a: 1) class 4 felony if the person recklessly damages property of another in an amount of $10,000 or more; 2) class 4 felony if the person recklessly damages the property of a utility in an amount of $5,000 or more or if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person; 3) class 5 felony if the person recklessly damages property of another in an amount of $2,000 or more but less than $10,000 or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate; 4) class 6 felony if the person recklessly damages property of another in an amount of $1,000 or more but less than $2,000; 5) class 1 misdemeanor if the person recklessly damages property of another in an amount of more than $250 but less than $1,000; or 6) class 2 misdemeanor in all other cases (A.R.S. § 13-1602).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes a minimum fine of $100 for a person who commits criminal damage.
2. Prohibits a judge from suspending any part or all of the imposition of the outlined fine in addition to other penalties assessed.
3. Establishes the Fund consisting of fines imposed by a court for an offense involving criminal damage.
4. Requires the Supreme Court to deposit the fines collected in the Fund.
5. Requires the Administrative Office of the Courts to administer the Fund and to distribute monies from the Fund to a retail business that is a victim of criminal damage where it is determined that the victim is in need of funds and is not likely to receive restitution for damage that occurred to the business.
6. Stipulates that monies in the Fund are continuously appropriated.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
2. Requires the Supreme Court to deposit the outlined monies in the Fund rather than distribute the fines collected to a retail business as outlined.
4. Stipulates that monies in the Fund are continuously appropriated.
Senate Action
JUD 2/15/24 DP 5-2-0
Prepared by Senate Research
February 27, 2024
ZD/SB/cs