HOUSE BILL ANALYSIS

                  HB 1902 

Title:  An act relating to offenses involving the taking of a motor vehicle.

Brief Description:  Increasing penalties for offenses involving the taking of a motor vehicle.

Sponsors:  Representatives Cody, Carrell, Conway, Sheahan, Kenney, Costa, Lantz, Lambert, Sherstad, Thompson and Blalock.

HOUSE COMMITTEE ON LAW & JUSTICE

Staff:  Bill Perry (786-7123).

Background:  Theft  involves taking the property of another with the intent to deprive the owner of that property.  Degrees of theft generally vary with the value of the property stolen. 

First-degree theft involves theft of property worth more than $1,500, including any motor vehicle worth more than that amount.  First-degree theft is a class B felony.  Second- degree theft generally involves theft of property worth more than $250 (but not more than $1,500).  Theft of any motor vehicle worth less than $1,500, however, is second-degree theft.  Second-degree theft is a class C felony.  First-degree theft is a level II offense under the Sentencing Reform Act (SRA), which means the presumptive sentence range for a first-time offender is zero to 90 days in jail.  Second-degree theft is a level I offense, which means that the presumptive sentence for a first-time offender is zero to 60 days.

Taking a motor vehicle without permission, sometimes referred to as joy riding, or riding in a vehicle knowing it was taken without permission, is also a crime.  To prove this crime it is not necessary to show that the defendant intended to deprive the owner of the vehicle, and the value of the vehicle is immaterial.  Taking a motor vehicle without permission is a class C felony ranked at level I under the SRA.

Summary of Bill:  The new crime of theft of a motor vehicle is created as a class B, level II felony.  The crime applies to the theft of a motor vehicle of any value.  The second- degree theft statute is amended to remove references to theft of a motor vehicle.

The crime of taking a motor vehicle without permission is raised from level I to level II under the SRA.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

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