Assigned to JUD AS VETOED
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
VETOED
AMENDED
FACT SHEET FOR S.B. 1414
retirement; reemployment; school resource officers
(NOW: organized retail theft; repetitive offenders)
Purpose
Requires a person who is convicted of a third or subsequent violation of organized retail
theft with the intent to resell or trade the stolen merchandise to be sentenced as a category two
repetitive offender.
Background
Current statute classifies a person who is convicted of multiple felony offenses that were
not committed on the same occasion, but that are either consolidated for trial purposes or are not
historical prior felony convictions, as a first time felony offender for the first offense and a category
one repetitive offender for the second and subsequent offenses. A person who is at least 18 years
of age or who has been tried as an adult must be sentenced as: 1) a category two repetitive offender
if the person stands convicted of a felony and has one historical prior felony conviction; or 2) a
category three repetitive offender if the person stands convicted of a felony and has two or more
historical prior felony convictions (A.R.S. § 13-703).
A person commits organized retail theft if the person acting alone or in conjunction with
another person: 1) removes merchandise from a retail establishment without paying the purchase
price with the intent to resell or trade the merchandise for money or other value; or 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. Organized retail theft is a class 4 felony
(A.R.S. § 13-1819).
A category two repetitive offender who is convicted of organized retail theft carries a
presumptive imprisonment sentence of 4.5 years and an aggravated imprisonment sentence of 7.5
years. The fine for a felony may be up to $150,000 (A.R.S. §§ 13-703 and 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires a person who is convicted of a third or subsequent violation of organized retail theft
with the intent to resell or trade the stolen merchandise to be sentenced as a category two
repetitive offender.
2. Becomes effective on the general effective date.
FACT SHEET – Amended/Vetoed
S.B. 1414
Page 2
Amendments Adopted by the House of Representatives
• Adopted the strike-everything amendment relating to organized retail theft.
Governor's Veto Message
The Governor indicates in her veto message that she signed S.B. 1411 establishing an
Organized Retail Theft Task Force in the Attorney General's office, and that she is looking forward
to reviewing their policy recommendations and working together with the Organized Retail Theft
Task Force to find balanced policies for this matter.
House Action Senate Action
APPROP 3/25/24 DPA/SE 10-3-4-0 Final Read 4/17/24 16-14-0
3
rd
Read 4/4/24 37-22-1
Vetoed by the Governor 4/23/24
Prepared by Senate Research
April 30, 2024
ZD/SB/cs