SB 1414
Initials JL Page 1 Appropriations
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: JUD DP 6-1-0-0 | 3
rd
Read 18-10-2-0
House: WM FAILED 4-5-0-1
SB 1414: retirement; reemployment; school resource officers
S/E: organized retail theft; repetitive offenders
Sponsor: Senator Gowan, LD 19
Committee on Appropriations
Summary of the Strike-Everything Amendment to SB 1414
Overview
Requires a person who is convicted of a third or subsequent organized retail theft offense to
be sentenced as a category two repetitive offender in certain circumstances.
History
A person commits organized retail theft under A.R.S. § 13-1819, subsection A, paragraph 1,
if the person, acting alone or in conjunction with another person, 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. 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 (2.5 years
presumptive) or up to 4 years of probation (A.R.S. §§ 13-1819, 13-702, 13-902).
The criminal code provides for enhanced sentencing categories for certain repetitive
offenders. For example, if a person is convicted of multiple felony offenses that were not
committed on the same occasion but that either are consolidated for trial purposes or are not
historical prior felony convictions, statute requires the person be sentenced as a first-time
felony offender for the first offense and as a category one repetitive offender for the second
and subsequent offenses. Moreover, except for dangerous offenses or dangerous crimes
against children, statute requires a person to be sentenced as a category two repetitive
offender if the person is at least 18 years old or has been tried as an adult; stands convicted
of a felony; and has one historical prior felony conviction. In the case of a class 4 felony, the
applicable sentences for these categories are as follows:
1) for a category one repetitive offender, 1 to 3.75 years in prison (2.5 years presumptive)
without eligibility for probation;
2) for a category two repetitive offender, 2.25 to 7.5 years in prison (4.5 years
presumptive) without eligibility for probation (A.R.S. § 13-703).
Historical prior felony conviction is defined in statute to include an extensive list of different
offenses or categories of offenses (A.R.S. § 13-105).
Provisions
1. Requires a person who is convicted of a third or subsequent organized retail theft offense
under A.R.S. § 13-1819, subsection A, paragraph 1, to be sentenced as a category two
repetitive offender. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note