S‑0398.1   _____________________________________________

SENATE BILL 5262

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Kline, McCaslin, Costa and Winsley

Read first time 01/17/2001.  Referred to Committee on Judiciary.

_1      AN ACT Relating to threshold property values for crimes against

_2  property; amending RCW 9A.48.070, 9A.48.080, 9A.48.090, 9A.56.030,

_3  9A.56.040, 9A.56.050, 9A.56.060, 9A.56.096, 9A.56.150, 9A.56.160,

_4  and 9A.56.170; and prescribing penalties.

_5  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_6      Sec. 1.  RCW 9A.48.070 and 1983 1st ex.s. c 4 s 1 are each amended

_7  to read as follows:

_8      (1) A person is guilty of malicious mischief in the first

_9  degree if he or she knowingly and maliciously:

10      (a) Causes physical damage to the property of another in an

11  amount exceeding ((one)) three thousand ((five hundred)) dollars;

12      (b) Causes an interruption or impairment of service rendered to

13  the public by physically damaging or tampering with an emergency

14  vehicle or property of the state, a political subdivision thereof,

15  or a public utility or mode of public transportation, power, or

16  communication; or

17      (c) Causes an impairment of the safety, efficiency, or

18  operation of an aircraft by physically damaging or tampering with

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_1  the aircraft or aircraft equipment, fuel, lubricant, or parts.

_2      (2) Malicious mischief in the first degree is a class B felony.

_3     Sec. 2.  RCW 9A.48.080 and 1994 c 261 s 17 are each amended to read

_4  as follows:

_5      (1) A person is guilty of malicious mischief in the second

_6  degree if he or she knowingly and maliciously:

_7      (a) Causes physical damage to the property of another in an

_8  amount exceeding ((two hundred fifty)) one thousand dollars; or

_9      (b) Creates a substantial risk of interruption or impairment of

10  service rendered to the public, by physically damaging or

11  tampering with an emergency vehicle or property of the state, a

12  political subdivision thereof, or a public utility or mode of

13  public transportation, power, or communication.

14      (2) Malicious mischief in the second degree is a class C

15  felony.

16      Sec. 3.  RCW 9A.48.090 and 1996 c 35 s 1 are each amended to read

17  as follows:

18      (1) A person is guilty of malicious mischief in the third

19  degree if he or she:

20      (a) Knowingly and maliciously causes physical damage to the

21  property of another, under circumstances not amounting to

22  malicious mischief in the first or second degree; or

23      (b) Writes, paints, or draws any inscription, figure, or mark

24  of any type on any public or private building or other structure

25  or any real or personal property owned by any other person unless

26  the person has obtained the express permission of the owner or

27  operator of the property, under circumstances not amounting to

28  malicious mischief in the first or second degree.

29      (2)(((a))) Malicious mischief in the third degree ((under

30  subsection (1)(a) of this section is a gross misdemeanor if the

31  damage to the property is in an amount exceeding fifty dollars;

32  otherwise, it is a misdemeanor.

33      (b) Malicious mischief in the third degree under subsection

34  (1)(b) of this section)) is a gross misdemeanor.

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_1     Sec. 4.  RCW 9A.56.030 and 1995 c 129 s 11 are each amended to

_2  read as follows:

_3      (1) A person is guilty of theft in the first degree if he or

_4  she commits theft of:

_5      (a) Property or services which exceed(s) ((one)) three thousand

_6  ((five hundred)) dollars in value other than a firearm as defined

_7  in RCW 9.41.010; or

_8      (b) Property of any value other than a firearm as defined in

_9  RCW 9.41.010 taken from the person of another.

10      (2) Theft in the first degree is a class B felony.

11      Sec. 5.  RCW 9A.56.040 and 1995 c 129 s 12 are each amended to read

12  as follows:

13      (1) A person is guilty of theft in the second degree if he or

14  she commits theft of:

15      (a) Property or services which exceed(s) ((two hundred and

16  fifty)) one thousand dollars in value other than a firearm as

17  defined in RCW 9.41.010, but does not exceed ((one)) three

18  thousand ((five hundred)) dollars in value; or

19      (b) A public record, writing, or instrument kept, filed, or

20  deposited according to law with or in the keeping of any public

21  office or public servant; or

22      (c) An access device; or

23      (d) A motor vehicle, of a value less than ((one)) three

24  thousand ((five hundred)) dollars.

25      (2) Theft in the second degree is a class C felony.

26      Sec. 6.  RCW 9A.56.050 and 1998 c 236 s 4 are each amended to read

27  as follows:

28      (1) A person is guilty of theft in the third degree if he or

29  she commits theft of property or services which (((a))) does not

30  exceed ((two hundred and fifty)) one thousand dollars in value((,

31  or (b) includes ten or more merchandise pallets, or ten or more

32  beverage crates, or a combination of ten or more merchandise

33  pallets and beverage crates)).

34      (2) Theft in the third degree is a gross misdemeanor.

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_1      Sec. 7.  RCW 9A.56.060 and 1982 c 138 s 1 are each amended to read

_2  as follows:

_3      (1) Any person who shall with intent to defraud, make, or draw,

_4  or utter, or deliver to another person any check, or draft, on a

_5  bank or other depository for the payment of money, knowing at the

_6  time of such drawing, or delivery, that he or she has not

_7  sufficient funds in, or credit with ((said)) the bank or other

_8  depository, to meet ((said)) the check or draft, in full upon its

_9  presentation, ((shall be)) is guilty of unlawful issuance of bank

10  check.  The word "credit" as used herein shall be construed to

11  mean an arrangement or understanding with the bank or other

12  depository for the payment of such check or draft, and the

13  uttering or delivery of such a check or draft to another person

14  without such fund or credit to meet the same shall be prima facie

15  evidence of an intent to defraud.

16      (2) Any person who shall with intent to defraud, make, or draw,

17  or utter, or deliver to another person any check, or draft on a

18  bank or other depository for the payment of money and who issues a

19  stop-payment order directing the bank or depository on which the

20  check is drawn not to honor ((said)) the check, and who fails to

21  make payment of money in the amount of the check or draft or

22  otherwise arrange a settlement agreed upon by the holder of the

23  check within twenty days of issuing ((said)) the check or draft

24  ((shall be)) is guilty of unlawful issuance of a bank check.

25      (3) When any series of transactions which constitute unlawful

26  issuance of a bank check would, when considered separately,

27  constitute unlawful issuance of a bank check in an amount of ((two

28  hundred fifty)) one thousand dollars or less because of value, and

29  the series of transactions are a part of a common scheme or plan,

30  the transactions may be aggregated in one count and the sum of the

31  value of all of the transactions shall be the value considered in

32  determining whether the unlawful issuance of a bank check is to be

33  punished as a class C felony or a gross misdemeanor.

34      (4) Unlawful issuance of a bank check in an amount greater than

35  ((two hundred fifty)) one thousand dollars is a class C felony.

36      (5) Unlawful issuance of a bank check in an amount of ((two

37  hundred fifty)) one thousand dollars or less is a gross

38  misdemeanor and shall be punished as follows:

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_1      (a) The court shall order the defendant to make full

_2  restitution;

_3      (b) The defendant need not be imprisoned, but the court shall

_4  impose a minimum fine of five hundred dollars.  Of the fine

_5  imposed, at least fifty dollars shall not be suspended or

_6  deferred.  Upon conviction for a second offense within any twelve-

_7  month period, the court may suspend or defer only that portion of

_8  the fine which is in excess of five hundred dollars.

_9      Sec. 8.  RCW 9A.56.096 and 1997 c 346 s 1 are each amended to read

10  as follows:

11      (1) A person who, with intent to deprive the owner or owner's

12  agent, wrongfully obtains, or exerts unauthorized control over, or

13  by color or aid of deception gains control of personal property

14  that is rented or leased to the person, is guilty of theft of

15  rental, leased, or lease-purchased property.

16      (2) The finder of fact may presume intent to deprive if the

17  finder of fact finds either of the following:

18      (a) That the person who rented or leased the property failed to

19  return or make arrangements acceptable to the owner of the

20  property or the owner's agent to return the property to the owner

21  or the owner's agent within seventy-two hours after receipt of

22  proper notice following the due date of the rental, lease, or

23  lease-purchase agreement; or

24      (b) That the renter or lessee presented identification to the

25  owner or the owner's agent that was materially false, fictitious,

26  or not current with respect to name, address, place of employment,

27  or other appropriate items.

28      (3) As used in subsection (2) of this section, "proper notice"

29  consists of a written demand by the owner or the owner's agent

30  made after the due date of the rental, lease, or lease-purchase

31  period, mailed by certified or registered mail to the renter or

32  lessee at:  (a) The address the renter or lessee gave when the

33  contract was made; or (b) the renter or lessee's last known

34  address if later furnished in writing by the renter, lessee, or

35  the agent of the renter or lessee.

36      (4) The replacement value of the property obtained must be

37  utilized in determining the amount involved in the theft of

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_1  rental, leased, or lease-purchased property.  Theft of rental,

_2  leased, or lease-purchased property is a:  Class B felony if the

_3  rental, leased, or lease-purchased property is valued at ((one))

_4  three thousand ((five hundred)) dollars or more; class C felony if

_5  the rental, leased, or lease-purchased property is valued at ((two

_6  hundred fifty)) one thousand dollars or more but less than ((one))

_7  three thousand ((five hundred)) dollars; and gross misdemeanor if

_8  the rental, leased, or lease-purchased property is valued at less

_9  than ((two hundred fifty)) one thousand dollars.

10      (5) This section applies to rental agreements that provide that

11  the renter may return the property any time within the rental

12  period and pay only for the time the renter actually retained the

13  property, in addition to any minimum rental fee, to lease

14  agreements, and to lease-purchase agreements as defined under RCW

15  63.19.010.  This section does not apply to rental or leasing of

16  real property under the residential landlord-tenant act, chapter

17  59.18 RCW.

18      Sec. 9.  RCW 9A.56.150 and 1995 c 129 s 14 are each amended to read

19  as follows:

20      (1) A person is guilty of possessing stolen property in the

21  first degree if he or she possesses stolen property other than a

22  firearm as defined in RCW 9.41.010 which exceeds ((one)) three

23  thousand ((five hundred)) dollars in value.

24      (2) Possessing stolen property in the first degree is a class B

25  felony.

26      Sec. 10.  RCW 9A.56.160 and 1995 c 129 s 15 are each amended to read

27  as follows:

28      (1) A person is guilty of possessing stolen property in the

29  second degree if:

30      (a) He or she possesses stolen property other than a firearm as

31  defined in RCW 9.41.010 which exceeds ((two hundred fifty)) one

32  thousand dollars in value but does not exceed ((one)) three

33  thousand ((five hundred)) dollars in value; or

34      (b) He or she possesses a stolen public record, writing or

35  instrument kept, filed, or deposited according to law; or

36      (c) He or she possesses a stolen access device; or

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_1      (d) He or she possesses a stolen motor vehicle of a value less

_2  than ((one)) three thousand ((five hundred)) dollars.

_3      (2) Possessing stolen property in the second degree is a class

_4  C felony.

_5     Sec. 11.  RCW 9A.56.170 and 1998 c 236 s 2 are each amended to read

_6  as follows:

_7      (1) A person is guilty of possessing stolen property in the

_8  third degree if he or she possesses (((a))) stolen property which

_9  does not exceed ((two hundred fifty)) one thousand dollars in

10  value((, or (b) ten or more stolen merchandise pallets, or ten or

11  more stolen beverage crates, or a combination of ten or more

12  stolen merchandise pallets and beverage crates)).

13      (2) Possessing stolen property in the third degree is a gross

14  misdemeanor.

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