HOUSE BILL REPORT

                  HB 1902

             As Reported By House Committee On:

                        Law & Justice

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.

Brief History:

  Committee Activity:

Law & Justice:  2/5/98 [DP].

HOUSE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.  Signed by 13 members:  Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.

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.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  None.

Testimony Against:  None.

Testified:  None.