HOUSE BILL REPORT

                  HB 2383

                      As Passed House:

                      February 10, 1998

Title:  An act relating to possession of stolen checks or drafts.

Brief Description:  Concerning the crime of possessing stolen property in the second degree.

Sponsors:  Representatives Dunn, Carlson, Pennington, Sheahan, Mulliken, Gardner and Dunshee.

Brief History:

  Committee Activity:

Criminal Justice & Corrections:  1/23/98 [DP].

Floor Activity:

Passed House:  2/10/98, 96-0.

HOUSE COMMITTEE ON CRIMINAL JUSTICE & CORRECTIONS

Majority Report:  Do pass.  Signed by 11 members:  Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Radcliff and Sullivan.

Staff:  Yvonne Walker (786-7841).

Background:  "Possession" of stolen credit cards or access devices issued in the names of two or more persons creates a presumption that the possessor had knowledge that the items were stolen. The possession of these stolen credit cards or access devices is theft in the third degree and is a gross misdemeanor.

"Theft" of checks or drafts is theft in the third degree and is a gross misdemeanor.

Summary of Bill:  The "possession" of stolen checks or drafts issued in the accounts of two or more people creates a presumption that the possessor knows that they are stolen.  The possession of stolen checks or drafts is theft in the second degree, a level 1, class C felony.

The penalty for the "theft" of checks or drafts is also increased from a gross misdemeanor to a level 1, class C felony.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  The bill contains an emergency clause and takes effect immediately.

Testimony For:  The possession and theft of credit cards and checks takes place on a routine basis and usually with a very small penalty.  By increasing the penalties to a level 1, class C felony offenders will be more hesitant in committing this particular crime especially when it will now count as a felony on his or her record.

Testimony Against:  None.

Testified:  Representative Jim Dunn, prime sponsor.