S-0946.2 _______________________________________________
SENATE BILL 5769
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senators Johnson and Goings
Read first time 02/12/97. Referred to Committee on Law & Justice.
AN ACT Relating to theft of property; amending RCW 9A.56.160 and 9A.56.140; adding a new section to chapter 9A.56 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 9A.56 RCW to read as follows:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Merchandise pallet" means a wood or plastic carrier designed and manufactured as an item on which products can be placed prior to or during transport to retail outlets, manufacturers, or contractors, and affixed with language stating "property of . . .," "owned by . . .," or other similar language showing ownership.
(b) "Beverage crate" means a plastic or metal box-like container used by a manufacturer or distributor in the transportation or distribution of individually packaged beverages to retail outlets, and affixed with language stating "property of . . . . .," "owned by . . . . .," or other such similar language showing ownership.
(2) A person is guilty of theft of a merchandise pallet or a beverage crate if he or she commits a theft of any merchandise pallet or beverage crate.
(3) The definition of "theft" and the defense allowed against the prosecution for theft under RCW 9A.56.020 apply to the crime of theft of a merchandise pallet or beverage crate.
(4) It is a complete defense to the charge of theft of a merchandise pallet or beverage crate if a person can show title to the merchandise pallet or beverage crate.
(5) Theft of a merchandise pallet or beverage crate is a misdemeanor.
Sec. 2. RCW 9A.56.160 and 1995 c 129 s 15 (Initiative Measure No. 159) are each amended to read as follows:
(1) A person is guilty of possessing stolen property in the second degree if:
(a) He or she possesses stolen property other than a firearm as defined in RCW 9.41.010 which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or
(b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or
(c) He or she possesses a stolen access device; or
(d) He or she possesses more than ten merchandise pallets, or beverage crates, or both, as defined in section 1 of this act; or
(e) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars.
(2) Possessing stolen property in the second degree is a class C felony.
Sec. 3. RCW 9A.56.140 and 1987 c 140 s 3 are each amended to read as follows:
(1) "Possessing stolen property" means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.
(2) The fact that the person who stole the property has not been convicted, apprehended, or identified is not a defense to a charge of possessing stolen property.
(3)
When a person ((not an issuer or agent thereof)) has in his or her
possession, or under his or her control, stolen access
devices issued in the names of two or more persons, or more than ten
merchandise pallets, or beverage crates, or both, as defined in section 1 of
this act, he ((shall be)) or she is presumed to know that
they are stolen.
((This)) (4) The presumption ((may be rebutted))
in subsection (3) of this section is rebuttable by evidence raising a
reasonable inference that the possession of such stolen access devices,
merchandise pallets, or beverage crates was without knowledge that they
were stolen.
--- END ---