Assigned to JUD                                                                                                          AS PASSED BY THE SENATE

ARIZONA STATE SENATE

Forty-eighth Legislature, First Regular Session

AMENDED

FACT SHEET FOR S.B. 1043

theft; means of transportation; affidavit

Purpose

            Requires a person who alleges vehicle theft to submit a signed affidavit to the local law enforcement agency.  Requires the law enforcement agency to remove the report from crime information databases if the affidavit is not received within 30 days of the reported theft.

Background

            Vehicle theft involves knowingly and unlawfully: a) taking control of another person’s vehicle with the intention of not returning it to the owner; b) using the vehicle for a purpose or period of time not authorized by the owner; c) obtaining the vehicle through material misrepresentation; d) taking control of a vehicle that is lost or delivered to the wrong address without attempting to notify the owner; or e) taking control of a vehicle, knowing or having reason to know that the vehicle was stolen.  Vehicle theft is a class 3 felony.

            The Arizona Automobile Theft Authority reports that in 2005, 54,905 vehicles were stolen in Arizona, making the state second in the highest number of vehicle theft per capita.  In 2004, the Arizona Auto Theft Study by the Arizona Criminal Justice Commission (ACJC) found that between 10 and 20 percent of all reported auto thefts are cases of insurance fraud.  In most cases of fraud, the owner sells the vehicle out of state, across the border, or to a chop shop and then reports the vehicle as stolen.  In other cases, the owner makes it appear as though the car is stripped before reporting the vehicle as stolen.  In many police departments in Arizona, stolen vehicle reports are taken directly over the phone by callback personnel.  This type of reporting allows for fraudulent reports of crimes such as auto thefts.

            Police departments in other states have developed programs to thwart vehicle theft insurance fraud.  According to the 2004 ACJC study, the Miami-Dade Police Department in Florida requires a person alleging auto theft to sign an affidavit at the time the report is taken.  This study reports that auto theft rates have fallen approximately 6.5 percent in unincorporated Miami-Dade County since the start of this program.  Agencies in other Florida regions as well as in Detroit, Michigan, have implemented similar programs.  The Phoenix Police Department also began a pilot program that includes obtaining an affidavit from a person alleging vehicle theft.

            There is no anticipated fiscal impact to the General Fund, but law enforcement agencies may incur costs associated with the production and collection of affidavits and with the removal of stolen vehicle reports from crime information databases.

Provisions

1. Requires law enforcement agencies to mail or deliver an affidavit to a person who reports a vehicle theft.

2. Requires persons alleging vehicle theft to:

a) sign an affidavit provided by law enforcement if the stolen vehicle report is taken in person.

b) mail or deliver a signed and notarized affidavit to the local law enforcement agency within seven days if the stolen vehicle report is not taken in person.

3. Requires that the stolen vehicle report be removed from the National Crime Information Center and the Arizona Criminal Justice Information System if the law enforcement agency does not receive the affidavit within 30 days of the initial report.

4. Specifies that the affidavit must state that a person who falsely reports vehicle theft may be subject to criminal prosecution.

5. Makes technical and conforming changes.

6. Becomes effective on the general effective date.

Amendments Adopted by Committee

1. Creates deadlines for the return of signed affidavits to local law enforcement agencies and for the removal of stolen vehicle reports when an affidavit is not received.

2. Specifies affidavit language.

Amendments Adopted by Committee of the Whole

· Extends the deadline for removal of stolen vehicle reports from crime databases.

Senate Action:

JUD                 1/18/07     DPA     7-0-0

3rd Read         2/5/07                    30-0-0-0

Prepared by Senate Research

February 6, 2007

CEW/HO/ac