 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
technical correction; double punishment
(NOW: organized retail theft task force)
Purpose
Requires the Attorney General (AG) to establish the Organized Retail Theft Task Force (Task Force) to combat crimes relating to stolen retail merchandise being resold or reentered into commerce. Appropriates $1,500,000 from the state General Fund (state GF) in FY 2022 to the AG for the Task Force.
Background
A person commits organized retail theft if the person acting alone or with another person: 1) removes merchandise from a retail establishment without paying the purchase price with the intent to resell or trade the merchandise; or 2) uses an artifice, instrument, container, device or other article to facilitate the removal of merchandise from a retail establishment without paying the purchase price (A.R.S. § 13-1819).
The AG is authorized to investigate offenses referred by the state grand jury relating to fraud, theft, possession, sale or transportation of stolen property that occurs in more than one county or may be prosecuted by more than one county attorney (A.R.S. § 21-422).
The AG is charged with: 1) prosecuting and defending all proceedings in the Arizona Supreme Court in which Arizona is a party; 2) prosecuting and defending any proceeding in a court other than the Arizona Supreme Court as necessary; 3) representing Arizona in federal court; and 4) writing written opinions upon demand by the Legislature, either house of the Legislature or any member of the Legislature (A.R.S. § 41-193).
H.B. 2383 appropriates $1,500,000 from the state GF in FY 2022 to the AG.
Provisions
1. Requires the AG to establish the Task Force to combat crimes relating to stealing, embezzling or obtaining by fraud, false pretenses or other illegal means of retail merchandise for the purpose of reselling or reentering the items into commerce.
2. Limits the jurisdiction of the Task Force to offenses returned by the state grand jury.
3. Requires the AG to invite federal, state and local law enforcement personnel to participate in the Task Force to effectively use their combined skills, expertise and resources.
4. Requires the Task Force to review, investigate and prosecute appropriate cases brought by law enforcement agencies, authorized loss prevention personnel or both.
5. Allows a member of the Legislature to submit a recommendation of a certified peace officer to the AG to be placed on the Task Force.
6. Requires members of the Task Force to:
a) investigate, apprehend and prosecute appropriate individuals or entities that participate in the purchase, sale or distribution of stolen property from a retail establishment or use an internet or network site; and
b) target individuals or entities that commit theft and other property crimes for financial gain.
7. Requires the AG to use monies appropriated to the Task Force to enter into one or more intergovernmental agreements with other state and local law enforcement agencies and with any similar organized retail theft task force program that coordinates a national network of coordinated task forces that assist law enforcement agencies in investigations, forensic examinations and prosecutions relating to organized retail theft.
8. Requires the Task Force to consist of at least one full-time prosecutor, one paralegal, one support staff, at least two investigators and four peace officers.
9. Requires the Task Force to have a regularly scheduled meeting to review cases and provide updates on ongoing cases to the Task Force.
10. Requires the Task Force, on or before July 1 of each year, to submit a report to the Legislature on the Task Force's activities and recommendations for legislative action relating to criminal penalties for crimes that have a negative impact on Arizona's economy.
11. Terminates the Task Force on July 1, 2029.
12. Appropriates $1,500,000 from the state GF in FY 2022 to the AG for operations expenses of the Task Force including hiring the Task Force membership.
13. Becomes effective on the general effective date.
House Action
JUD 2/10/21 DPA/SE 7-3-0-0
APPROP 2/17/21 DPA/SE 11-2-0-0
3rd Read 3/3/21 33-26-1
Prepared by Senate Research
March 19, 2021
LMM/kja