 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
cargo theft task force
Purpose
Establishes the Cargo Theft Task Force (Task Force) to combat cargo theft and related offenses and prescribes Task Force membership and reporting requirements.
Background
The Attorney General (AG) is elected by a statewide vote for four-year
terms to serve as the chief legal officer of the state. The AG must have charge
of and direct the Department of Law which is composed of the AG and the
subdivisions of the Department of Law (Ariz.
Const.
art 5 § 1; A.R.S. §§ 41-192
and 41-193).
Cargo theft includes the theft of goods, chattel, money or baggage that constitutes a commercial freight shipment moving in commerce (FBI). Theft from interstate shipment is the embezzlement, theft, or unlawful taking from certain listed facilities which are moving as, are part of, or constitute an interstate or foreign shipment and a violation is subject to a maximum penalty of 3 years, or 10 years if the value of the stolen goods, chattels, money or baggage is $1,000 or more (U.S. Department of Justice; 18 U.S.C. § 659).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Directs the AG to establish the Task Force to combat crimes involving the theft, diversion, embezzlement, unlawful taking or fraudulent acquisition of cargo or freight.
2. Stipulates that the Task Force must focus on offenses involving cargo moving in, constituting or affecting interstate or intrastate commerce.
3. Requires the AG to invite federal, state and local law enforcement agencies to participate in the Task Force to use the combined skills, expertise and resources of law enforcement personnel more effectively.
4. Requires the Task Force to consist of the following members:
a) one full time prosecutor, paralegal and support staff member;
b) six investigators; and
c) any additional law enforcement personnel designated by the AG.
5. Requires the Task Force to:
a) meet regularly to review investigations and intelligence and to provide updates on ongoing cases to Task Force members;
b) investigate, apprehend and recommend for prosecution, as appropriate, individuals or entities that engage in cargo theft or related offenses, including organized or repeat offenders and persons who knowingly facilitate, finance or receive stolen cargo for financial gain;
c) investigate offenses or violations that are under the AG's jurisdiction;
d) review, investigate and recommend for prosecution appropriate cases referred by federal, state or local law enforcement agencies; and
e) coordinate with law enforcement agencies and industry stakeholders to identify emerging cargo theft trends and methods and to recommend prevention strategies.
6. Requires the AG, by July 1, 2027, to submit a report on the Task Force's activities to the Governor, the President of the Senate and the Speaker of the House of Representatives and provide a copy of the report to the Secretary of State.
7. Stipulates that the report must include the following, to the extent possible:
a) a summary of investigations, prosecutions and enforcement actions taken by the Task Force;
b) information regarding trends and patterns related to cargo theft in Arizona;
c) the amount and type of stolen cargo recovered;
d) the number of cases in which restitution was ordered and the total value of restitution ordered and collected;
e) the value of assets forfeited pursuant to existing law; and
f) any recommendations for legislative or policy action relating to criminal penalties, enforcement tools or interagency coordination to reduce cargo theft and protect the economy of the state.
8. Defines cargo as merchandise, goods or wares that are transported or intended to be transported in commerce, including goods at any stage of the supply chain from origin to final destination, whether the goods are moving or temporarily stored.
9. Defines cargo theft as including unlawful taking or appropriating cargo or freight, including theft accomplished through fraud, deception, misrepresentation or identity manipulation, from a commercial motor vehicle, trailer, railcar, intermodal container, warehouse, freight facility, distribution center or other location within the supply chain, whether the cargo is moving in interstate or intrastate commerce.
10. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2026
KJA/hk