HOUSE BILL REPORT

                  HB 1085

             As Reported By House Committee On:

               Criminal Justice & Corrections

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

Brief Description:  Penalizing possession of stolen checks.

Sponsors:  Representatives Dunn, Conway, Lambert and Esser.

Brief History:

  Committee Activity:

Criminal Justice & Corrections:  1/26/99, 2/3/99 [DP].

                 Brief Summary of Bill

$Makes the penalty for "possession" of stolen checks or drafts a class C felony.

$Makes the penalty for "theft" of stolen checks or drafts a class C felony.

HOUSE COMMITTEE ON CRIMINAL JUSTICE & CORRECTIONS

Majority Report:  Do pass.  Signed by 7 members:  Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; Chandler; Kagi and Koster.

Minority Report:  Without recommendation.  Signed by 1 member:  Representative Constantine.

Staff:  Yvonne Walker (786-7841).

Background:

"Possession" of stolen 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 stolen access devices is theft in the second degree and is a class C felony.

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

Summary of Bill:

"Possession" of stolen 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 stolen access devices is theft in the second degree and is a class C felony.

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

Appropriation:  None.

Fiscal Note:  Available.

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

Testimony For:  Over the last two years, the state has had an increase in the crimes of stolen and forged checks and drafts.  As a result, the check forgery squad from the Seattle Police Department had to be doubled in size in order to handle the amount of check and counterfeit cases they see on a regular basis.  The current stolen property statute only covers credit cards and access devices, however, the possession of stolen checks and drafts should also be included under this same statute.

Testimony Against:  None. 

Testified:  (In support) Eric Sano, Seattle Police Department.