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Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
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Criminal Justice & Corrections Committee |
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ESSB 6490
Brief Description: Increasing penalties for taking a motor vehicle without permission.
Sponsors: Senate Committee on Ways & Means (originally sponsored by Senators Roach, Kline, Rasmussen, Keiser, Regala, Benton, Honeyford, Oke, Hale, McDonald, Johnson, McCaslin, Kastama, Sheahan and Stevens).
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Brief Summary of Engrossed Substitute Bill |
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$Divides the crime of taking a motor vehicle without permission into two degrees.
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Hearing Date: 2/27/02
Staff: Yvonne Walker (786‑7841).
Background:
The penalties for theft violations are generally based on the value of the property stolen.
Theft in the first degree occurs when a person commits theft of property or services valued in excess of $1,500. Theft in the first degree is a seriousness level II, 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 occurs when a person commits theft of property or services valued in excess of $250, but not exceeding $1,500. Theft in the second degree is a seriousness level I, 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 occurs 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.
Generally, an offense involving the theft of a motor vehicle is penalized based upon the value of the vehicle that was stolen.
Intentionally taking a motor vehicle without permission, or voluntarily riding in a vehicle knowing it was taken without permission, is a class C felony, which carries a maximum term of five years, or a fine of up to $10,000, or both. It is ranked as a seriousness level I crime under the Sentencing Reform Act which, for a first time offender has a standard sentence range of zero‑60 days.
Juveniles who commit criminal offenses are also sentenced under a determinate sentencing model, which for an offense committed on or after July 1, 1998, is based on the seriousness of the offense and the number of prior adjudications. Taking a motor vehicle without permission is ranked as an offense category C crime which, for a first‑time offender involves local sanctions. Local sanctions can include any combination of the following: zero‑30 days confinement; zero‑12 months community supervision; zero‑150 hours community service; and a fine of $0 to $500.
Summary of Bill:
The crime of taking a motor vehicle without permission is divided into two degrees. The current elements of the crime - intentionally taking the vehicle without permission or voluntarily riding in it knowing it was taken without permission - becomes a second degree taking a motor vehicle without permission offense. Taking a motor vehicle without permission in the second degree is a seriousness level I, class C felony offense.
Taking a motor vehicle without permission in the first degree is created and is committed if a person intentionally takes a motor vehicle without permission and he or she:
1) Alters the vehicle to change its appearance or identification numbers;
2) Removes parts from the vehicle with the intent to sell the parts;
3) Exports or attempts to export the vehicle out‑of‑state or out of the country for profit;
4) Intends to sell the vehicle; or
5) Is engaged in a conspiracy the object of which is the theft of motor vehicles for sale to others for profit.
Taking a motor vehicle without permission in the first degree is a seriousness level V, class B felony.
It is a C offense for any juvenile adjudicated of taking a motor vehicle in the first or second degree. The sentence for a first time offender in either case is a local sanction.
Appropriation: None.
Fiscal Note: Not Requested.
Effective Date: Ninety days after adjournment of session in which bill is passed.