ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: MAPS DP 7-0-0-0 | 3^rd Read DP 22-4-4-0-0 House: JUD DP 6-2-1-0

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SB 1411: organized retail theft task force

Sponsor: Senator Gowan, LD 19

Caucus & COW

Overview

Creates the Organized Retail Theft Task Force (Task Force) to combat organized retail theft by collaborating with law enforcement agencies, investigating cases of organized retail theft and making recommendation for legislative action to combat organized retail theft.

History

A person commits organized retail theft if the person, acting alone or in conjunction with another person, does any of the following:

1) removes merchandise from a retail establishment without paying the purchase price with the intent to resell or trade the merchandise for money or for other value;

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.

This offense is classified as a class 4 felony, meaning that, for a first-time offense, it is punishable by 1 to 3.75 years in prison or up to 4 years of probation (A.R.S. §§ 13-1819, 13-702, 13-902).

From 2007 to 2009 a Task Force was established with the purpose of:

1) determining the scope of organized retail theft;

2) analyzing various methods of combating organized retail theft;

3) recommending statutory changes to address organized retail theft;

4) identifying which law enforcement agencies would make best use of funding to fight organized retail theft (Laws 2007, Ch 233).

Provisions

1. Instructs the Attorney General to establish the Organized Retail Theft Task Force to combat crimes related to stealing, embezzling or obtaining retail merchandise by fraud, false pretenses or other illegal means for the purpose of reselling the items. (Sec. 1)

2. Requires the Attorney General to invite federal, state and local law enforcement personnel to participate in the Task Force to enhance the efficiency of law enforcement agencies. (Sec. 1)

3. Outlines membership of the Task Force as follows:

a) one full time:

i. prosecutor;

ii. paralegal;

iii. support staff.

b) six investigators. (Sec.1)

4. Requires the Task Force to do the following:

a) regularly meet to investigate, apprehend and recommend for prosecution individuals or entities that participate in purchasing, selling or distributing stolen property from a retail establishment or through the use of the internet or network site, as well as targeting individuals or entities that organize and commit theft or property crimes for financial gain;

b) investigate offenses and violations under the Attorney General's jurisdiction as prescribed by A.R.S. § 21-422;

c) review, investigate and recommend prosecution for appropriate cases brought to the Task Force by law enforcement agencies or authorized loss prevention personnel in the state;

d) beginning on July 1, 2025, annually submit a report on the Task Force's activities and recommendations for legislative actions about criminal penalties for crimes that have a negative impact on the state's economy to the Governor, President of the Senate, Speaker of the House of Representatives and transmit a copy of the report to the Secretary of State. (Sec. 1)

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h)                         SB 1411

i) Initials JL/MB           Page 0 Caucus & COW

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