By Daniel Stefanski |
Late last month, the Arizona State House Judiciary Committee approved, HB 2435, which was sponsored by Speaker Ben Toma. The bill would “require 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,” according to the overview provided by the chamber.
HB 2435 passed the committee along partisan voting lines – 6-3, with all Republicans voting to affirm the legislation.
Before the committee’s vote, Toma hosted a press conference outside of the state capitol with Maricopa County Attorney Rachel Mitchell, who announced her strong endorsement of the legislation. Mitchell took to the platform “X” to share an update from the event, writing, “Thank you, Rep. Ben Toma, for your help in combatting Organized Retail Crime. If you plan to commit this crime, plan to stay. In Maricopa County, we will prosecute retail theft!”
Toma added, “California may tolerate lawlessness, but my bill, HB 2435, will tell criminals that they’ll pay a heavy price for stealing. A big shout out to Rachel Mitchell and AZ Retailers for working with me on this important legislation!”
In the Arizona Legislature’s Request to Speak system, representatives from Quiktrip, AZ Retailers Association, Combined Law Enforcement Association of Arizona, AZ Food Marketing Alliance, AZ Association of Counties, and the Greater Phoenix Chamber of Commerce registered their support for the bill. Representatives from the AZ National Organization for Women, State Conference NAACP, Rural Arizona Action, ACLU of Arizona, and AZ Attorneys for Criminal Justice signed in to oppose the proposal.
The efforts to augment penalties for these organized retail theft crimes continue the state’s already strong reputation on this front. Arizona has an Organized Retail Crime Task Force, which commenced under former Attorney General Mark Brnovich’s administration and is housed in the State Attorney General’s Office.
In December 2021, Brnovich wrote an opinion piece for the Wall Street Journal, warning would-be criminals of his office’s efforts to investigate and prosecute these offenses – especially in the wake of the lawlessness in Arizona’s neighboring state to the west. He wrote, “As Arizona’s attorney general, I have refused to capitulate to the lawless mob…We expect our efforts will deter such theft and hope our task force becomes a model for California and other states.”
Current Attorney General Kris Mayes has continued to combat these crimes, including over the just-completed Christmas holiday. In December, her office announced that it had “seized thousands of cloned gift cards and other merchandise in partnership with the Arizona Retailers Association and with the help of law enforcement partners.” Mayes’ coalition also arrested eight people “as part of an alleged scheme to defraud retailers and consumers.” The first-term attorney general said, “The successful seizure of thousands of cloned cards and the arrest of several individuals reflects my office’s unwavering dedication to stopping organized retail theft across Arizona.”
Maricopa County Attorney Rachel Mitchell also has a strong presence against organized retail theft. In 2023, her office announced that it had made 354 bookings over these crimes, which was the most in the county since 2020. Additionally, in November 2023, Mitchell started a ‘Safe Shopping’ Campaign “to stop this fast-growing category of lawlessness.” Mitchell said, “Here’s what I say to the thieves who commit these crimes: we will find you, you will be arrested, and we will prosecute you to the fullest extent of the law.”
The Maricopa County Attorney’s Office gives three tips to Arizonans to help them experience ‘safe shopping.’ Those include:
- Be patient with retailers. While it might take an extra minute to get an item (decongestants, for example) from behind a locked display, it’s worth it. Know you’re doing your part to keep prices low and keep crooks at bay.
- Never engage with thieves. If you’re suspicious, reach out to a store manager. Never confront a thief on your own.
- Keep your personal items locked up. If you carry a handbag, keep it closed and close to you. If you leave purchases in your car between shopping stops, make sure that vehicle is locked up tight.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
