SENATE BILL REPORT

SB 5488

BYSenators Barr, Hansen, Bauer, Conner, Sellar, DeJarnatt, Owen, Metcalf, Sutherland, Bailey, Gaspard, Madsen, Newhouse, Hayner, Rinehart, Smitherman, Benitz, Amondson, Anderson and Matson

Changing penalties and procedures for theft of livestock.

Senate Committee on Agriculture

Senate Hearing Date(s):February 24, 1989

Majority Report:  That Substitute Senate Bill No. 5488 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Barr, Chairman; Bailey, Gaspard, Hansen, Madsen.

Senate Staff:Bob Lee (786-7404)

                  March 3, 1989

AS REPORTED BY COMMITTEE ON AGRICULTURE, FEBRUARY 24, 1989

BACKGROUND:

A person convicted of stealing livestock with intent to sell is guilty of theft in the first degree which is classified as a class B felony.  Persons convicted of stealing livestock for their own use are guilty of livestock theft in the second degree which is classified as a class C felony.

The maximum punishment for a class B felony is a jail term of up to 10 years or a fine of up to $20,000 or both.  Class C felonies carry a jail term of up to five years or a fine of up to $10,000 or both.

There is concern that the actual monetary penalties imposed by the courts have not been sufficient.

SUMMARY:

In addition to the penalties cited above, an additional fine of $2,000 per animal is to be levied against a person upon conviction of killing or stealing livestock.  The money would be paid to the Criminal Justice Training Commission to be used only for providing training in livestock theft investigation and rural crime protection.

EFFECT OF PROPOSED SUBSTITUTE:

Instead of the convicting court transferring the amount of the additional fines directly to the Criminal Justice Training Commission, a portion of the fines collected is remitted to the public safety and education account in the state treasury.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Doug Blair, Yakima County Sheriff; Marlyta Deck, Washington Cattlemen's Association