Be it enacted by the
Legislature of the State of Arizona:
Section 1. 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. Aggravated criminal
damage is a class 4 felony If the person intentionally or
recklessly does any act described in subsection A
of this section which
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.
Aggravated criminal damage is a class 5 felony
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.
Sec. 2. Section 44-1642, Arizona Revised
Statutes, is amended effective from and after August 31, 2007 to read:
44-1642.
Records of purchase;
transaction limitations; age
requirement for
scrap metal seller; exception
A. Every scrap metal dealer shall
keep on the business premises a book or other similar record legibly printed or
written in ink, in the English language of each transaction exceeding
twenty-five dollars involving the receipt of scrap metal
except used beverage containers. The
record of each receipt of scrap metal shall include the following information:
1. The date, time and place of the transaction.
2. A PHOTOGRAPH AND
an identifying description and weight of the specific scrap metal received.
3. The dollar amount paid
of the transaction.
4. The seller's name, physical description including gender, height,
weight, race and eye and hair color,
physical
address, date of birth, signature and
a photocopy of a current
driver license number or a photocopy
of a valid government issued photo identification card,
nonoperating identification license issued pursuant to section 28-3165 or photo
identification card issued by a tribal government or the United States military.
The scrap metal dealer must validate the recorded information by using the
seller's current driver license, nonoperating identification license
nonoperating identification issued pursuant to section 28-3165 or photo
identification card issued by a tribal government or the United States military.
5. The seller's transaction privilege
tax number, if applicable.
6. The number and state of issuance of the license on the vehicle used
to deliver the scrap metal.
7.
A photograph, video record or digital
record of the seller and the metal involved in the transaction
8. A right index fingerprint of the seller.
B. The record and entries shall be
retained in a book or similar record
at the business premises for one year after making the final entry
of any transaction and shall be retained either at the business premises or any
other reasonably available location for an additional year. A scrap metal dealer
shall not purchase materials for which a record is required to be kept by this
section in a series of purchases under twenty-five dollars to avoid the
requirements of this section. A scrap metal dealer's business premises, business
records relating to scrap metal transactions, including a book or similar record
prescribed by this section, and business inventory shall be open during regular
business hours for reasonable inspection by a peace officer. Before an
inspection shall take place a peace officer shall first identify himself and the
purpose for the inspection to the scrap metal dealer, dealer's manager or other
responsible person and comply with all reasonable and customary safety
requirements of that scrap metal dealer for the business premises inspected. The
scrap metal dealer may require the peace officer to sign an inspection log that
includes the officer's name and serial or badge number and the time, the date
and the purpose for the inspection.
C.
A scrap metal dealer shall not provide
any payment for any scrap metal on site at the time of the scrap metal
transaction. Payment shall be made by mailing a check or money order to a
physical address provided by the seller through a current driver license or
other identification prescribed in subsection A, paragraph 4 of this section.
The check or money order shall be made payable to the business name for an
industrial account. This subsection:
1.
Except as provided in paragraphs 2 and 3
of this subsection, only applies to industrial accounts, copper and aluminum
wire with a diameter of at least three-eights of an inch.
2. Except as
provided in paragraph 3 of this subsection, applies to all scrap metal
transactions of three hundred dollars or more.
3. Does not apply to industrial accounts if the
industrial accounts annually preregister employees who are authorized sellers on
behalf of the industrial accounts.
d.
a scrap metal dealer shall provide a
receipt to the seller on site at the time of the scrap metal transaction, for
every transaction, and shall include the following information:
1. the date,
time and place of the transaction.
2. an identifying description and weight of the
specific scrap metal received.
3. The dollar amount of the transaction.
E.
A scrap metal seller may not conduct a
series of transactions for one vehicle load of scrap metal to avoid the
requirements of this section.
F. A scrap metal seller shall not participate in more
than one cash transaction per day for scrap metal.
G. A scrap metal seller shall be at least sixteen years
old.
H. This section does not apply to transactions
involving used aluminum beverage containers or materials consisting of a metal
product in its original manufactured form that is comprised of no more then 20%
by weight nonferrous metal.
Sec.3. Section 44-1644, Arizona Revised Statutes, is amended
effective from and after August 31, 2007 to read:
44-1644.
Report to Department of
Safety agencies; exemption; violation;
classification
A. Within twenty-four hours of receipt of scrap metals, except from an
industrial account or a scrap metal dealer, for which a record is required to be
kept by section 44-1642, a scrap metal dealer shall deliver to the
local law enforcement agency
DEPARTMENT OF PUBLIC SAFETY a record of the
receipt of the scrap metals. The record shall include the following information:
1. The date, time and place of the receipt of the scrap metal.
2. An identifying description of the specific scrap metal received
including the weight and amount paid
of the transaction or
other consideration given.
3. A description of the person delivering the metal to the scrap metal
dealer including the person's gender, height, weight, race and hair and eye
color, address, and
date of birth and
a photocopy of a current
driver license,
number or a photocopy of a valid
government issued photo
nonoperating
identification card
license issued pursuant to section
28-3165 or photo identification card issued by a tribal government or the United
States military.
4. The number and state of issuance of the license on the
vehicle used to deliver the scrap metal.
B.
For copper, aluminum wire with a diameter of at least three-eighths of an inch
and transactions with a value over one hundred dollars,
a scrap metal dealer shall hold in its custody in the same size, shape and
condition in which the nonferrous
scrap metal was received on its business premises any
nonferrous scrap metal received in a
reportable transaction for seven days after filing the report prescribed by
subsection A of this section.
C. Subsection B of this section does not apply to transactions with
industrial accounts, other scrap metal dealers or purchases by scrap metal
dealers of used aluminum
beverage containers or ferrous scrap metals and of scrap metal authorized for
release by a peace officer of that jurisdiction.
D. A person who fails to file a report prescribed by this section is
guilty of a class 1 misdemeanor.
Sec. 4. Section 44-1646, Arizona Revised Statutes, is amended
effective from and after August 31, 2007, to read:
44-1646.
Burned metallic wire;
aluminum wire; copper wire; transaction
restrictions;
applicability
A. A scrap metal dealer shall not
purchase or otherwise receive metallic wire that was burned in whole or in part
to remove insulation unless the scrap metal dealer receives from the scrap metal
seller written evidence identifying the person who delivers the wire to the
scrap metal dealer that includes evidence that the wire was lawfully burned.
This section does not apply to
transactions with industrial accounts located outside of the state of Arizona or
scrap metal dealers located outside the state of Arizona.
C. This section does not apply to transactions with
all industrial accounts or to transactions between scrap metal dealers.
Sec.5.
Title 44, chapter 11, article 3.1, Arizona Revised Statutes, is amended
effective from and after August 31, 2007, by adding section 44-1647, to read:
44-1647.
Department of public safety;
transaction form
The
department of public safety shall design and make available a seller and
transaction form that may be used by a scrap metal dealer who must report
pursuant to section 44-1644.
Sec. 6. Emergency
This act is an emergency measure that is necessary to preserve the
public peace, health or safety and is operative immediately as provided by law.
