Second Regular Session S.B. 1294
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1294
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 13-1501, Arizona Revised Statutes, is amended to read:
13-1501. Definitions
In this chapter, unless the context otherwise requires:
1. "Critical public service facility" means:
(a) A structure or fenced yard that is posted with signage indicating it is a felony to trespass or signage indicating high voltage or high pressure and is used by a rail, bus, air or other mass transit provider, a public or private utility, any municipal corporation, city, town or other political subdivision that is organized under state law and that generates, transmits, distributes or otherwise provides natural gas, liquefied petroleum gas, electricity or a combustible substance for a delivery system that is not a retail‑only facility, a telecommunications carrier or telephone company, a municipal provider as defined in section 45‑561, a law enforcement agency, a public or private fire department or an emergency medical service provider.
(b) A structure or fenced yard or any equipment or apparatus that is posted with signage indicating it is a felony to trespass or signage indicating high voltage or high pressure and is used to manufacture, extract, transport, distribute or store gas, including natural gas or liquefied petroleum gas, oil, electricity, water or hazardous materials, unless it is a retail‑only facility.
2. "Enter or remain unlawfully" means an act of a person who enters or remains on premises when the person's intent for so entering or remaining is not licensed, authorized or otherwise privileged except when the entry is to commit theft of merchandise displayed for sale during normal business hours, when the premises are open to the public and when the person does not enter any unauthorized areas of the premises.
3. "Entry" means the intrusion of any part of any instrument or any part of a person's body inside the external boundaries of a structure or unit of real property.
4. "Fenced commercial yard" means a unit of real property that is surrounded completely by fences, walls, buildings or similar barriers, or any combination of fences, walls, buildings or similar barriers, and that is zoned for business operations or where livestock, produce or other commercial items are located.
5. "Fenced residential yard" means a unit of real property that immediately surrounds or is adjacent to a residential structure and that is enclosed by a fence, wall, building or similar barrier or any combination of fences, walls, buildings or similar barriers.
6. "Fenced yard" means a unit of real property that is surrounded by fences, walls, buildings or similar barriers or any combination of fences, walls, buildings or similar barriers.
7. "In the course of committing" means any acts that are performed by an intruder from the moment of entry to and including flight from the scene of a crime.
8. "Manipulation key" means a key, device or instrument, other than a key that is designed to operate a specific lock, that can be variably positioned and manipulated in a vehicle keyway to operate a lock or cylinder, including a wiggle key, jiggle key or rocker key.
9. "Master key" means a key that operates all the keyed locks or cylinders in a similar type or group of locks.
10. "Nonresidential structure" means any structure other than a residential structure and includes a retail establishment.
11. "Residential structure" means any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not.
12. "Structure" means any device that accepts electronic or physical currency and that is used to conduct commercial transactions, any vending machine or any building, object, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is used for lodging, business, transportation, recreation or storage.
13. "Vending machine" means a machine that dispenses merchandise or service through the means of currency, coin, token, credit card or other nonpersonal means of accepting payment for merchandise or service received.
Sec. 2. Section 13-2110, Arizona Revised Statutes, is amended to read:
13-2110. Unlawful possession or use of scanning device or reencoder; classification
A. It is unlawful for a person to use a scanning device or reencoder without the permission of the cardholder of the credit card from which the information is being scanned or reencoded and with the intent to defraud the cardholder, the issuer or a merchant.
B. It is unlawful for a person to intentionally or knowingly make or possess with the intent to commit fraud any device, apparatus, equipment, software, article, material, good, property or supply that is specifically designed or adapted for use as or in a scanning device or a reencoder.
C. Subsection B of this section does not apply to peace officers or prosecutors in the performance of their duties.
D. A person who violates subsection A of this section is guilty of a class 6 3 felony. A person who violates subsection B of this section is guilty of a class 4 felony."
Amend title to conform