Bill Text: AZ HB2590 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Graffiti implements; unlawful acts
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-02-12 - Referred to House JUD Committee [HB2590 Detail]
Download: Arizona-2014-HB2590-Introduced.html
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REFERENCE TITLE: graffiti implements; unlawful acts |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2590 |
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Introduced by Representatives Campbell, Brophy McGee
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AN ACT
AMENDING TITLE 13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2931, 13-2932, 13-2933 AND 13-2934; AMENDING SECTION 28-3320, ARIZONA REVISED STATUTES; RELATING TO OFFENSES AGAINST PUBLIC ORDER.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding sections 13-2931, 13-2932, 13-2933 and 13-2934, to read:
13-2931. Unlawful possession of a graffiti implement by a minor; exception; classification; definition
A. It is unlawful for a minor to possess a graffiti implement while on public or private property without the express consent of the owner or responsible agent of the property.
B. This section does not apply to a minor who Is under the immediate supervision of a parent, legal guardian, employer, teacher or other adult who is in a similar relationship with the minor and the possession is for a lawful purpose.
C. A violation of this section is a class 1 misdemeanor.
D. For the purposes of this section, "graffiti implement" includes an aerosol or pressurized paint container, a broad tipped indelible marker, a solidified paint marker or an etching tool or a solution that may be used to commit a violation of section 13-1602, subsection A, paragraph 1 0r 5, section 13-1604 or a city or town ordinance that prohibits similar conduct.
13-2932. Illegally obtaining graffiti implements by a minor; classification; definition
A. A minor who misrepresents the minor's age to any person by means of a written instrument of identification with the intent to induce another person to sell, deliver, give or furnish a graffiti implement to the minor is guilty of a class 1 misdemeanor.
B. A minor who solicits another person to purchase, sell, give, deliver or furnish the minor with a graffiti implement is guilty of a class 3 misdemeanor.
C. A minor who uses a written instrument of identification in violation of this section is subject to suspension of the minor's driver license or privilege to drive pursuant to section 28-3320.
D. For the purposes of this section, "graffiti implement" has the same meaning prescribed in section 13-2931.
13-2933. Unlawful selling, delivering or giving a graffiti implement to a minor; defenses; exception; classification; definitions
A. It is unlawful for any person to sell, deliver or give a graffiti implement to a minor.
B. It is unlawful for a minor to buy or receive a graffiti implement.
C. If any person has reason to believe that the person ordering, purchasing, attempting to order or purchase or otherwise procuring or attempting to procure a graffiti implement is a minor, the person shall do all of the following:
1. Request identification from the person.
2. Examine and determine that the identification reasonably appears to be valid and not defaced or altered.
3. Examine and determine that the person presenting the identification reasonably appears to be the same person as in the identification's photo.
4. Determine that the person is at least eighteen years of age.
D. It is a defense to a prosecution for a violation of this section that a person or an employee or agent of the person has evidence that the person requested and examined identification as prescribed by subsection C of this section. For the purposes of this subsection, "evidence" means a record that is retained by the person and that illustrates that the procedures set forth in subsection C of this section were followed, including any of the following:
1. A writing that contains the type of identification, the date of issuance of the identification, the name on the identification, the date of birth on the identification and the signature of the person being identified.
2. An electronic file or printed document produced by a device that reads the person's age from the identification.
3. A dated and signed photocopy of the identification.
4. A photograph of the identification.
5. A digital copy of the identification.
E. Subsection D of this section does not apply to a person who has actual knowledge that the person exhibiting the identification is a minor.
F. This section does not apply to the transfer of a graffiti implement from a parent to a child, a guardian to a ward, an employer to an employee, a teacher to a student or in any other similar relationship if the transfer is for a lawful purpose.
G. If a law enforcement agency has reasonable suspicion to believe that a person is violating this section, the Law enforcement agency may use a minor who is at least fifteen years of age but not more than seventeen years of age to test the person's compliance with this section. A minor who purchases or attempts to purchase a graffiti implement under the direction of a law enforcement agency pursuant to this subsection is immune from prosecution for that purchase or attempted purchase. A Law enforcement agency may use a minor pursuant to this subsection only if all of the following apply:
1. The minor is not employed on an incentive or quota basis.
2. The minor's appearance is that of a person who is under eighteen years of age.
3. A photograph of the minor is taken not more than twelve hours before the purchase or attempted purchase. The photograph shall accurately depict the minor's appearance and attire. A person who is cited for selling, delivering or giving a graffiti implement to a minor pursuant to this section may inspect the photograph immediately after the citation is issued. The minor's appearance at any trial or administrative hearing that results from a citation shall not be substantially different from the minor's appearance at the time the citation was issued.
4. The minor places, receives and pays for the minor's order of graffiti implements.
5. An adult does not accompany the minor onto the premises in which the transaction occurs.
6. The minor does not use the graffiti implements.
H. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor and is punishable by a fine of not less than five hundred dollars.
I. For the purposes of this section:
1. "Graffiti implement" has the same meaning prescribed in section 13‑2931.
2. "Identification" means:
(a) An unexpired driver license issued by any state or Canada if the license includes a picture of the licensee.
(b) A nonoperating identification license issued pursuant to section 28-3165 or an equivalent form of identification license issued by any state or Canada if the license includes a picture of the person and the person's date of birth.
(c) An armed forces identification card.
(d) A valid unexpired passport or border crossing identification card that is issued by a government or a voter card that is issued by the republic of Mexico if the passport or card contains a photograph of the person and the person's date of birth.
13-2934. Storage and display of graffiti implements; civil penalty; definition
A. It is unlawful for any person who owns, conducts, operates or manages a business where graffiti implements are sold or for any person who sells or offers for sale graffiti implements to store or display, or cause to be stored or displayed, the graffiti implements in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition.
B. This section does not preclude the storage or display of graffiti implements in an area viewable by the public if the items are not accessible to the public without employee assistance.
C. A person who violates this section is subject to a civil penalty of at least five hundred dollars.
D. For the purposes of this section, "graffiti implement" has the same meaning prescribed in section 13-2931.
Sec. 2. Section 28-3320, Arizona Revised Statutes, is amended to read:
28-3320. Suspension of license for persons under eighteen years of age; notice; definition
A. In addition to the grounds for mandatory suspension or revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately suspend the driver license or privilege to drive or refuse to issue a driver license or privilege to drive of a person who commits an offense while under eighteen years of age as follows:
1. For a period of two years on receiving the record of the person's conviction for a violation of section 4‑244, paragraph 34, section 28‑1381 or section 28‑1382.
2. For a period of three years on receiving the record of the person's conviction for a violation of section 28‑1383.
3. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of section 13‑1602, subsection A, paragraph 1 or section 13‑1604, subsection A involving the damage or disfigurement of property by graffiti.
4. Until the person's eighteenth birthday on receiving the record of the person's conviction of criminal damage pursuant to section 13‑1602, subsection A, paragraph 5 or a violation of a city or town ordinance that prohibits the type of criminal action prescribed in section 13‑1602, subsection A, paragraph 5.
5. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of section 13-2931, 13-2932 or 13‑2933 or any other statute or ordinance involving the purchase or possession of materials used for graffiti.
6. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of any provision of title 13, chapter 34.
7. Until the person's eighteenth birthday or for a period of two years on receiving the record of the person's conviction for a second or subsequent violation of section 4‑244, paragraph 9, if ordered by the court.
8. Until the person's eighteenth birthday on receiving the record of the person's conviction of theft of a motor vehicle pursuant to section 13‑1802, unlawful use of means of transportation pursuant to section 13‑1803 or theft of means of transportation pursuant to section 13‑1814.
B. If ordered by the court, the department shall restrict the person's privilege to drive between the person's home, school and place of employment during specified periods of time according to the person's school and employment schedule.
C. If a person commits an offense prescribed in subsection A, paragraph 1 of this section and the person's privilege to drive is restricted as prescribed in subsection B of this section, the department shall issue a special ignition interlock restricted driver license to the person pursuant to section 28‑1401.
D. If ordered by the court pursuant to section 4‑246, subsection D, the department shall suspend the driving privilege of a person under eighteen years of age for a period of up to one hundred eighty days on receiving the record of the person's first conviction for a violation of section 4‑244, paragraph 9.
E. For the purposes of this section, "conviction" means a final conviction or judgment, including an order of the juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense.
