Bill Text: AZ HB2571 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Criminal damage; economic costs
Spectrum: Bipartisan Bill
Status: (Passed) 2014-04-23 - Chapter 176 [HB2571 Detail]
Download: Arizona-2014-HB2571-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2571 |
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AN ACT
amending sections 8‑344, 13‑1602 and 13‑1604, Arizona Revised Statutes; relating to criminal damage.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-344, Arizona Revised Statutes, is amended to read:
8-344. Restitution payments
A. If a juvenile is adjudicated delinquent, the court, after considering the nature of the offense and the age, physical and mental condition and earning capacity of the juvenile, shall order the juvenile to make full or partial restitution to the victim of the offense for which the juvenile was adjudicated delinquent or to the estate of the victim if the victim has died. The juvenile shall make restitution payments to the clerk of the court for disbursement to the victim or estate of the victim.
B. The court shall notify the victim or estate of the victim of the dispositional hearing. The court may consider a verified statement from the victim or estate of the victim concerning damages for lost wages, reasonable damages for injury to or loss of property and actual expenses of medical treatment for personal injury, excluding pain and suffering.
C. In ordering restitution pursuant to subsection A of this section, the court may order one or both of the juvenile's custodial parents to make restitution to the victim of the offense for which the juvenile was adjudicated delinquent or to the estate of the victim if the victim has died. The court shall determine the amount of restitution ordered pursuant to this subsection, except that for a violation of section 13‑1602, subsection A, paragraph 5, the amount shall not exceed two thousand five hundred dollars and for a violation of any other offense the amount shall not exceed the liability limit established pursuant to section 12‑661. The court may order a parent or juvenile who is ordered to pay restitution to satisfy the order in a lump sum or installment payments to the clerk of the court for disbursement to the victim or estate of the victim. If the court orders the juvenile's parents to make restitution pursuant to this subsection, the court shall order the juvenile to make either full or partial restitution, regardless of the juvenile's insufficient earning capacity. The court shall not consider the ability of the juvenile's parents to pay restitution before making a restitution order.
D. The juvenile court shall retain jurisdiction of the case after the juvenile attains eighteen years of age for the purpose of modifying the manner in which court ordered payments are to be made. After a juvenile attains eighteen years of age, the juvenile court shall enter the following:
1. A juvenile restitution order in favor of the state for the unpaid balance, if any, of any costs, fees, surcharges or monetary assessments imposed.
2. A juvenile restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered pursuant to this section.
E. The clerk of the court shall send a copy of the juvenile restitution order to each person who is entitled to restitution.
F. A juvenile restitution order may be recorded and enforced as any civil judgment, except that a juvenile restitution order does not require renewal pursuant to section 12-1611 or 12‑1612. A juvenile restitution order does not expire until paid in full. Enforcement of a juvenile restitution order by any person who is entitled to restitution or by the state includes the collection of interest, which accrues at a rate of ten per cent per annum.
G. A juvenile restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the juvenile.
Sec. 2. 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. ; or
2. Recklessly tampering with property of another person so as substantially to impair its function or value. ; or
3. Recklessly damaging the property of a utility.
4. Recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water.
5. Recklessly drawing or inscribing a message, slogan, 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.
6. 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.
4. Criminal damage is a class 6 felony if the person recklessly damages the 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.
Sec. 3. Section 13-1604, Arizona Revised Statutes, is amended to read:
13-1604. Aggravated criminal damage; classification
A. A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner:
1. Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose.
2. Defacing or damaging any building, structure or place used as a school or as an educational facility.
3. Defacing, damaging or tampering with any cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead.
4. Defacing, damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals as defined in section 44‑1641.
B. Aggravated criminal damage is punishable as follows:
1. If the person intentionally or recklessly does any act described in subsection A of this section which that causes damage to the property of another in an amount of ten thousand dollars or more, aggravated criminal damage:
(a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 4 felony.
(b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 3 felony.
2. If the person intentionally or recklessly damages property of another in an amount of one thousand five hundred dollars or more but less than ten thousand dollars, aggravated criminal damage:
(a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 5 felony.
(b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 4 felony.
3. In all other cases aggravated criminal damage is:
(a) A class 6 felony if it results from actions described in subsection A, paragraph 1, 2 or 3 of this section.
(b) A class 5 felony if it results from actions described in subsection A, paragraph 4 of this section.
C. In determining the amount of damage to property, damages include the cost of repair or replacement of the property that was damaged, and the cost of the loss of crops and livestock, 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.
