Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

HB 1159

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Changing the definition of theft.

Sponsors: Representatives Griffey, Goodman, Klippert, Lovick, Springer, Orwall, Irwin, Stokesbary, Blake, Pellicciotti and Van Werven.

Brief Summary of Bill

  • Amends the definition of "theft" for purposes of theft-related offenses to include concealing the property of another intending to deprive the other person of its use or benefit.

Hearing Date: 1/21/19

Staff: Omeara Harrington (786-7136).

Background:

Theft.

For purposes of the chapter in the criminal code relating to theft and related offenses, "theft" includes any of the following conduct:

The severity and sentence for general theft offenses depend upon the value of the property or services at issue. Theft in the first degree, a class B felony offense, occurs when a person commits theft of property or services valued in excess of $5,000. Theft in the second degree, a class C felony offense, occurs when a person commits theft of property or services valued in excess of $750, but not exceeding $5,000.  Theft in the third degree, a gross misdemeanor offense, occurs when a person commits theft of property or services valued at $750 or less.

The definition of "theft" is used to establish a number of additional crimes. These include, for example, Theft of a Motor Vehicle, Theft of a Firearm, Possessing Stolen Property, Theft with Intent to Resell, and Organized Retail Theft.

Attempt.

A person may be found guilty of the separate crime of Attempt if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime. An attempt to commit a crime is generally classified at one level lower than a completed offense. For example, Theft in the second degree is a class C felony, but Attempt to commit Theft in the second degree is a gross misdemeanor.

Summary of Bill:

In addition to the existing definition of "theft," theft also includes concealing property of another intending that the concealment will deprive the other person of its use or benefit.

Appropriation: None.

Fiscal Note: Requested on January 16, 2019.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.