S-3560.2 _______________________________________________
SUBSTITUTE SENATE BILL 5262
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Senate Committee on Judiciary (originally sponsored by Senators Kline, McCaslin, Costa and Winsley)
READ FIRST TIME 01/29/2002.
AN ACT Relating to threshold property values for crimes against property; amending RCW 9A.48.070, 9A.48.080, 9A.48.090, 9A.56.030, 9A.56.040, 9A.56.050, 9A.56.060, 9A.56.096, 9A.56.150, 9A.56.160, and 9A.56.170; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9A.48.070 and 1983 1st ex.s. c 4 s 1 are each amended to read as follows:
(1) A person is guilty of malicious mischief in the first degree if he or she knowingly and maliciously:
(a) Causes physical
damage to the property of another in an amount exceeding ((one)) four
thousand five hundred dollars;
(b) Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication; or
(c) Causes an impairment of the safety, efficiency, or operation of an aircraft by physically damaging or tampering with the aircraft or aircraft equipment, fuel, lubricant, or parts.
(2) Malicious mischief in the first degree is a class B felony.
Sec. 2. RCW 9A.48.080 and 1994 c 261 s 17 are each amended to read as follows:
(1) A person is guilty of malicious mischief in the second degree if he or she knowingly and maliciously:
(a) Causes physical
damage to the property of another in an amount exceeding ((two)) seven
hundred fifty dollars; or
(b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication.
(2) Malicious mischief in the second degree is a class C felony.
Sec. 3. RCW 9A.48.090 and 1996 c 35 s 1 are each amended to read as follows:
(1) A person is guilty of malicious mischief in the third degree if he or she:
(a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.
(2)(((a)))
Malicious mischief in the third degree ((under subsection (1)(a) of this section
is a gross misdemeanor if the damage to the property is in an amount exceeding
fifty dollars; otherwise, it is a misdemeanor.
(b) Malicious
mischief in the third degree under subsection (1)(b) of this section)) is a gross misdemeanor.
Sec. 4. RCW 9A.56.030 and 1995 c 129 s 11 are each amended to read as follows:
(1) A person is guilty of theft in the first degree if he or she commits theft of:
(a) Property or
services which exceed(s) ((one)) four thousand five hundred
dollars in value other than a firearm as defined in RCW 9.41.010; or
(b) Property of any value other than a firearm as defined in RCW 9.41.010 taken from the person of another.
(2) Theft in the first degree is a class B felony.
Sec. 5. RCW 9A.56.040 and 1995 c 129 s 12 are each amended to read as follows:
(1) A person is guilty of theft in the second degree if he or she commits theft of:
(a) Property or
services which exceed(s) ((two)) seven hundred ((and))
fifty dollars in value other than a firearm as defined in RCW 9.41.010, but
does not exceed ((one)) four thousand five hundred dollars in
value; or
(b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or
(c) An access device; or
(d) A motor vehicle, of
a value less than ((one)) four thousand five hundred dollars.
(2) Theft in the second degree is a class C felony.
Sec. 6. RCW 9A.56.050 and 1998 c 236 s 4 are each amended to read as follows:
(1) A person is guilty
of theft in the third degree if he or she commits theft of property or services
which (((a))) does not exceed ((two)) seven hundred ((and))
fifty dollars in value((, or (b) includes ten or more merchandise pallets,
or ten or more beverage crates, or a combination of ten or more merchandise
pallets and beverage crates)).
(2) Theft in the third degree is a gross misdemeanor.
Sec. 7. RCW 9A.56.060 and 1982 c 138 s 1 are each amended to read as follows:
(1) Any person who
shall with intent to defraud, make, or draw, or utter, or deliver to another
person any check, or draft, on a bank or other depository for the payment of
money, knowing at the time of such drawing, or delivery, that he or she
has not sufficient funds in, or credit with ((said)) the bank or
other depository, to meet ((said)) the check or draft, in full
upon its presentation, ((shall be)) is guilty of unlawful
issuance of bank check. The word "credit" as used herein shall be
construed to mean an arrangement or understanding with the bank or other
depository for the payment of such check or draft, and the uttering or delivery
of such a check or draft to another person without such fund or credit to meet
the same shall be prima facie evidence of an intent to defraud.
(2) Any person who
shall with intent to defraud, make, or draw, or utter, or deliver to another
person any check, or draft on a bank or other depository for the payment of
money and who issues a stop-payment order directing the bank or depository on
which the check is drawn not to honor ((said)) the check, and who
fails to make payment of money in the amount of the check or draft or otherwise
arrange a settlement agreed upon by the holder of the check within twenty days
of issuing ((said)) the check or draft ((shall be)) is
guilty of unlawful issuance of a bank check.
(3) When any series of
transactions which constitute unlawful issuance of a bank check would, when
considered separately, constitute unlawful issuance of a bank check in an
amount of ((two)) seven hundred fifty dollars or less because of
value, and the series of transactions are a part of a common scheme or plan,
the transactions may be aggregated in one count and the sum of the value of all
of the transactions shall be the value considered in determining whether the
unlawful issuance of a bank check is to be punished as a class C felony or a
gross misdemeanor.
(4) Unlawful issuance
of a bank check in an amount greater than ((two)) seven hundred
fifty dollars is a class C felony.
(5) Unlawful issuance
of a bank check in an amount of ((two)) seven hundred fifty
dollars or less is a gross misdemeanor and shall be punished as follows:
(a) The court shall order the defendant to make full restitution;
(b) The defendant need not be imprisoned, but the court shall impose a minimum fine of five hundred dollars. Of the fine imposed, at least fifty dollars shall not be suspended or deferred. Upon conviction for a second offense within any twelve-month period, the court may suspend or defer only that portion of the fine which is in excess of five hundred dollars.
Sec. 8. RCW 9A.56.096 and 1997 c 346 s 1 are each amended to read as follows:
(1) A person who, with intent to deprive the owner or owner's agent, wrongfully obtains, or exerts unauthorized control over, or by color or aid of deception gains control of personal property that is rented or leased to the person, is guilty of theft of rental, leased, or lease-purchased property.
(2) The finder of fact may presume intent to deprive if the finder of fact finds either of the following:
(a) That the person who rented or leased the property failed to return or make arrangements acceptable to the owner of the property or the owner's agent to return the property to the owner or the owner's agent within seventy-two hours after receipt of proper notice following the due date of the rental, lease, or lease-purchase agreement; or
(b) That the renter or lessee presented identification to the owner or the owner's agent that was materially false, fictitious, or not current with respect to name, address, place of employment, or other appropriate items.
(3) As used in subsection (2) of this section, "proper notice" consists of a written demand by the owner or the owner's agent made after the due date of the rental, lease, or lease-purchase period, mailed by certified or registered mail to the renter or lessee at: (a) The address the renter or lessee gave when the contract was made; or (b) the renter or lessee's last known address if later furnished in writing by the renter, lessee, or the agent of the renter or lessee.
(4) The replacement
value of the property obtained must be utilized in determining the amount
involved in the theft of rental, leased, or lease-purchased property. Theft of
rental, leased, or lease-purchased property is a: Class B felony if the
rental, leased, or lease-purchased property is valued at ((one)) four
thousand five hundred dollars or more; class C felony if the rental, leased, or
lease-purchased property is valued at ((two)) seven hundred fifty
dollars or more but less than ((one)) four thousand ((five
hundred)) dollars; and gross misdemeanor if the rental, leased, or
lease-purchased property is valued at less than ((two)) seven
hundred fifty dollars.
(5) This section applies to rental agreements that provide that the renter may return the property any time within the rental period and pay only for the time the renter actually retained the property, in addition to any minimum rental fee, to lease agreements, and to lease-purchase agreements as defined under RCW 63.19.010. This section does not apply to rental or leasing of real property under the residential landlord-tenant act, chapter 59.18 RCW.
Sec. 9. RCW 9A.56.150 and 1995 c 129 s 14 are each amended to read as follows:
(1) A person is guilty
of possessing stolen property in the first degree if he or she possesses stolen
property other than a firearm as defined in RCW 9.41.010 which exceeds ((one))
four thousand five hundred dollars in value.
(2) Possessing stolen property in the first degree is a class B felony.
Sec. 10. RCW 9A.56.160 and 1995 c 129 s 15 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)) seven hundred fifty dollars in value but does not exceed
((one)) four 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
a stolen motor vehicle of a value less than ((one)) four thousand
five hundred dollars.
(2) Possessing stolen property in the second degree is a class C felony.
Sec. 11. RCW 9A.56.170 and 1998 c 236 s 2 are each amended to read as follows:
(1) A person is guilty
of possessing stolen property in the third degree if he or she possesses (((a)))
stolen property which does not exceed ((two)) seven hundred fifty
dollars in value((, or (b) ten or more stolen merchandise pallets, or ten or
more stolen beverage crates, or a combination of ten or more stolen merchandise
pallets and beverage crates)).
(2) Possessing stolen property in the third degree is a gross misdemeanor.
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