SB 1591 — criminal damage; fine; business victims

BillSenate Number:Engrossed criminal damage;

S.B.fine;

business victims State of Arizona Senate Fifty-sixth Legislature Second Regular Session SENATE BILL 1591 WadsackAN FloorACT AmendmentAMENDING ReferenceSECTION to:13-1602, ARIZONA REVISED STATUTES;

printedAMENDING billTITLE Amendment13, draftedCHAPTER by:16, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-1606;

LegRELATING CouncilTO FLOORCRIMINAL AMENDMENTDAMAGE. EXPLANATION 1.

Establishes(TEXT theOF VictimsBILL ofBEGINS CriminalON DamageNEXT FundPAGE) (Fund)- consistingi of- finesS.B. imposed by a court for an offense involving criminal damage.

1591 Be it enacted by the Legislature of the State of Arizona:

Section 1.

Section 13-1602, Arizona Revised Statutes, is amended to read:

13-1602.

Criminal damage;

classification A.

A person commits criminal damage by:

1.

Recklessly defacing or damaging property of another person.

RequiresRecklessly thetampering Supremewith Courtproperty toof depositanother theperson outlinedso moniesas insubstantially the Fund rather than distribute the fines collected to aimpair retailits businessfunction asor outlined.value.

RequiresRecklessly thedamaging Administrativeproperty Office of the Courts to administer the Fund and to distribute monies from the fund to a retailutility. business that is a victim of criminal damage where it is determined that the victim is in need of funds and is not likely to receive restitution for damage that occurred to the business.

StipulatesRecklessly thatparking moniesany vehicle in such a manner as to deprive livestock of access to the Fundonly arereasonably continuouslyavailable appropriated.water.

Amendment5. explanation prepared by Sawyer Bessler 02/26/2024 Fifty-sixth Legislature Wadsack Second Regular Session S.B.

1591Recklessly WADSACKdrawing FLOORor AMENDMENTinscribing SENATEa AMENDMENTSmessage, TOslogan, S.B.sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner.

15916. (Reference to printed bill) Page 2, line 5, after "SHALL" strike remainder of line Strike lines 6 through 8, insert "DEPOSIT THE MONIES IN THE VICTIMS OF CRIMINAL DAMAGE FUND ESTABLISHED BY SECTION 13-1606.

Intentionally tampering with utility property.

B.

Criminal damage is punished as follows:

1.

Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of ten thousand dollars or more.

2.

Criminal damage is a class 4 felony if the person recklessly damages the property of a utility in an amount of five thousand dollars or more or if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person.

3.

Criminal damage is a class 5 felony if the person recklessly damages property of another in an amount of two thousand dollars or more but less than ten thousand dollars or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate and the person is not subject to paragraph 1 or 2 of this subsection.

4.

Criminal damage is a class 6 felony if the person recklessly damages property of another in an amount of one thousand dollars or more but less than two thousand dollars.

5.

Criminal damage is a class 1 misdemeanor if the person recklessly damages property of another in an amount of more than two hundred fifty dollars but less than one thousand dollars.

6.

In all other cases criminal damage is a class 2 misdemeanor.

C.

For a violation of subsection A, paragraph 5 of this section, in determining the amount of damage to property, damages include reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.

- 1 - S.B.

1591 D.