Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Criminal Justice & Corrections Committee

HB 1895

Brief Description:  Creating the crime of theft of motor vehicle fuel.

Sponsors:  Representatives Esser, Morris, Barlean, Cooper, Mielke, O'Brien, Mulliken, Ericksen, Hatfield, B. Chandler, Linville and Kirby.

Brief Summary of Bill

$Creates a crime called ?theft of motor vehicle fuel@.

$Violation of the ?theft of motor vehicle fuel@ crime is penalized as a gross misdemeanor offense and suspension of one=s driver=s license for six months.

Hearing Date:  2/23/01

Staff:  Yvonne Walker (786‑7841).

Background: 

The penalties for theft violations are generally based upon the value of the property stolen.

Theft in the first degree is when a person commits theft of property or services valued in excess of $1,500.  Theft in the first degree is a class B felony.  A class B felony carries a maximum sentence of 10 years of incarceration, a fine of $20,000, or both.

Theft in the second degree is when a person commits theft of property or services valued in excess of $250, but does not exceed $1,500.  Theft in the second degree is a class C felony.  A class C felony carries a maximum sentence of five years of incarceration, a fine of $10,000, or both.

Theft in the third degree is when a person commits theft of property or services valued less than $250.  Theft in the third degree is a gross misdemeanor.  A gross misdemeanor carries a maximum sentence of one year in jail, a fine of $5,000, or both.

The theft of motor vehicle fuel is generally penalized based upon the value of the fuel that was stolen.

Summary of Bill: 

Theft of motor fuel occurs when a person refuses to pay or evades payment for motor vehicle fuel that is pumped into a motor vehicle.  Theft of motor fuel is a gross misdemeanor. 

In addition to the gross misdemeanor penalties, the license, permit, or nonresident driving privilege of a person convicted of theft of motor vehicle fuel must be suspended by the Department of Licensing for six months.

Other technical corrections are made.

Appropriation:  None.

Fiscal Note:  Requested on February 18, 2001.

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