ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
retail
theft; omnibus
Purpose
Increases the penalty for
shoplifting and identifies new types of criminal activities related to shoplifting.
Background
Those who shoplift
merchandise worth over $2000 are subject to class 5 penalty (presumptive 1.5
years in prison and up to $150,000 in fines plus 77 percent in
surcharges). Those found in the course
of shoplifting with “an artifice, instrument, container, device or other
article” intended to facilitate shoplifting are guilty of a class 4 felony
(presumptive 2.5 years in prison). No
prohibition currently exists related to the manufacturing, sale or distribution
of devices designed to conceal theft detection devices.
No laws currently exist in
statute specifically related to the offenses of fraudulent use of sales
receipts and UPC labels.
Because this bill creates a
class 6 felony (presumptive one year in prison and up to $150,000 in fines plus
77 percent in surcharges), there may be costs associated with the prosecution
and incarceration of criminal defendants.
There is, however, no direct fiscal impact to the state general fund.
Provisions
1. Expands the scope of class 5 felony shoplifting to include shoplifting in any amount from at least three separate retail establishments within a period of three consecutive days.
2. Prohibits the manufacturing, sale, distribution or possession of laminated or coated bags or devices unique to and marketed for shielding detection by electronic or magnetic theft alarms. Those guilty of such offenses are subject to class 6 felony.
3. Bans the unlawful possession of theft detection device removers, and the intentional, unauthorized removal of theft detection devices before the purchase of merchandise. Those guilty of such offenses are subject to a class 6 felony.
4. Forbids the possession, use, sale, transfer, creation, alteration, reproduction or counterfeit of UPC labels or sales receipts, if the intent is to cheat or defraud a merchant. Those who are found guilty of such offenses are subject to a class 6 felony, and subject to a fine of up to three times the price represented on the label or receipt.
5. Prohibits the possession of 15 or more fraudulent retail receipts or UPC labels, or the possession of a device that manufactures fraudulent sales receipts. Both activities are deemed class 5 felonies.
6. Defines “merchant” as a person who offers for sale at least six like items of new and unused personal property.
7. Makes technical corrections.
8. Provides for a general effective date.
Amendments Adopted by Committee
1.
Eliminates
the increase in the amount of civil liability for shoplifting.
2.
Restructures
language regarding possession, use, sale, transfer, creation, alteration,
reproduction or counterfeit of UPC labels or sales receipts.
House Action Senate
Action
JUD DPA 9-0-0-0-0 JUD 3/7/00 DPA 8-0-1-0
COM DP 8-0-0-1-0
3rd Read 52-0-8-0-0
Prepared by Senate Staff
March 3, 2000