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REFERENCE TITLE: criminal damage; fine; business victims |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1591 |
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Introduced by Senator Wadsack: Representative Hernandez C
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An Act
amending section 13-1602, Arizona Revised Statutes; relating to criminal damage.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1602, Arizona Revised Statutes, is amended to read:
13-1602. Criminal damage; classification
A. 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 substantially to 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.
6. Intentionally tampering with utility property.
B. Criminal damage is punished as follows:
1. Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of ten thousand dollars or more.
2. Criminal damage is a class 4 felony if the person recklessly damages the property of a utility in an amount of five thousand dollars or more or if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person.
3. Criminal damage is a class 5 felony if the person recklessly damages property of another in an amount of two thousand dollars or more but less than ten thousand dollars or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate and the person is not subject to paragraph 1 or 2 of this subsection.
4. Criminal damage is a class 6 felony if the person recklessly damages property of another in an amount of one thousand dollars or more but less than two thousand dollars.
5. Criminal damage is a class 1 misdemeanor if the person recklessly damages property of another in an amount of more than two hundred fifty dollars but less than one thousand dollars.
6. In all other cases criminal damage is a class 2 misdemeanor.
C. For a violation of subsection A, paragraph 5 of this section, in determining the amount of damage to property, damages include reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.
D. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than $100. A judge may not suspend any part or all of the imposition of any fine required by this subsection. The supreme court shall distribute the fines collected pursuant to this section to a retail business that is a victim of criminal damage where it is determined that the victim is not likely to receive restitution for the damage that occurred to the business.