SENATE BILL REPORT

                  EHB 1085

              As Reported By Senate Committee On:

                 Judiciary, February 25, 2000

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:  Judiciary:  2/24/2000, 2/25/2000 [DPA].

SENATE COMMITTEE ON JUDICIARY

Majority Report:  Do pass as amended.

  Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Johnson, Long, McCaslin and Roach.

Staff:  Aldo Melchiori (786-7439)

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.  Possession or theft of stolen access devices are both class C felonies ranked at level I on the sentencing grid.

Summary of Amended Bill:  A person is guilty of possessing stolen property in the second degree, a class C felony ranked at level I on the sentencing grid, if he or she is not a financial institution and possesses a stolen check or draft.  Possession of stolen checks with different account numbers creates a presumption that the possessor had knowledge that the items were stolen.

Theft of a check or draft is theft in the second degree, a class C felony ranked at level I on the sentencing grid.

Amended Bill Compared to Original Bill:  No substantive changes were made.

Appropriation:  None.

Fiscal Note:  Available.

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

Testimony For:  This has become a serious crime because of the numbers of victims.  Banks and individual victims suffer serious harm when criminals traffic in stolen checks.

Testimony Against:  None.

Testified:  Jan Gee, Washington Retail Association, Washington Food Industry (pro).