AN ACT Relating to property crimes; amending RCW 9A.48.080, 9A.56.050, 9A.56.060, and 9A.56.170; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 9A.48.080, chapter 260, Laws of 1975 1st ex. sess. as amended by section 2, chapter 145, Laws of 1979 and RCW 9A.48.080 are each amended to read as follows:

(1) A person is guilty of malicious mischief in the second degree if he knowingly and maliciously:

(a) Causes physical damage to the property of another in an amount exceeding ((~~two hundred fifty~~)) five hundred dollars; or

(b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication; or

(c) Notwithstanding RCW 16.52.070, causes physical damage, destruction, or injury by amputation, mutilation, castration, or other malicious act to a horse, mule, cow, heifer, bull, steer, swine, goat, or sheep which is the property of another.

(2) Malicious mischief in the second degree is a class C felony.

Sec. 2. Section 9A.56.050, chapter 260, Laws of 1975 1st ex. sess. and RCW 9A.56.050 are each amended to read as follows:

(1) A person is guilty of theft in the third degree if he commits theft of property or services which does not exceed ((~~two hundred and fifty~~)) five hundred dollars in value.

(2) Theft in the third degree is a gross misdemeanor.

Sec. 3. Section 9A.56.060, chapter 260, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 138, Laws of 1982 and RCW 9A.56.060 are each amended to read as follows:

(1) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft, on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he has not sufficient funds in, or credit with said bank or other depository, to meet said check or draft, in full upon its presentation, shall be guilty of unlawful issuance of bank check. The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.

(2) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor said check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty days of issuing said check or draft shall be guilty of unlawful issuance of a bank check.

(3) When any series of transactions which constitute unlawful issuance of a bank check would, when considered separately, constitute unlawful issuance of a bank check in an amount of ((~~two hundred fifty~~)) five hundred dollars or less because of value, and the series of transactions are a part of a common scheme or plan, the transactions may be aggregated in one count and the sum of the value of all of the transactions shall be the value considered in determining whether the unlawful issuance of a bank check is to be punished as a class C felony or a gross misdemeanor.

(4) Unlawful issuance of a bank check in an amount greater than ((~~two hundred fifty~~)) five hundred dollars is a class C felony.

(5) Unlawful issuance of a bank check in an amount of ((~~two hundred fifty~~)) five hundred dollars or less is a gross misdemeanor and shall be punished as follows:

(a) The court shall order the defendant to make full restitution;

(b) The defendant need not be imprisoned, but the court shall impose a minimum fine of five hundred dollars. Of the fine imposed, at least fifty dollars shall not be suspended or deferred. Upon conviction for a second offense within any twelve-month period, the court may suspend or defer only that portion of the fine which is in excess of five hundred dollars.

Sec. 4. Section 9A.56.170, chapter 260, Laws of 1975 1st ex. sess. and RCW 9A.56.170 are each amended to read as follows:

(1) A person is guilty of possessing stolen property in the third degree if he possesses stolen property which does not exceed ((~~two hundred fifty~~)) five hundred dollars in value.

(2) Possessing stolen property in the third degree is a gross misdemeanor.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985.