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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
theft; classification; private arrest
Purpose
Allows a private person to make an arrest when the person to be arrested has, in the private person's presence, committed a theft of property from a retail store and makes theft of any property or services valued at less than $2,000 a class 6 felony.
Background
A private person is allowed to make an arrest when: 1) the person to be arrested has in the private person's presence committed a misdemeanor amounting to a breach of the peace, or a felony; or 2) when a felony has been in fact committed and the private person has reasonable ground to believe that the person to be arrested has committed it (A.R.S. § 13-3884).
Current statute classifies theft of property or services with a value of $1,000 or more but less than $2,000 as a class 6 felony. Theft of any property or services valued at less than $1,000 is classified as a class 1 misdemeanor (A.R.S. § 13-1802).
A class 6 felony carries a presumptive imprisonment sentence of 1 year for a first time felony offender, with a possible maximum sentence of 5.75 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. Allows a private person to make an arrest when the person to be arrested has, in the private person's presence, committed a theft of property from a retail store.
2. Makes theft of any property or services valued at less than $2,000, rather than between $2,000 and $1,000, a class 6 felony.
3. Removes the class 1 misdemeanor classification for theft of any property or services valued at less than $1,000.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2024
ZD/SB/cs