BILL REQ. #:  S-3459.1 

Read first time 01/19/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to stolen merchandise pallets; and amending RCW 9A.56.020 and 9A.56.140.

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

Sec. 1   RCW 9A.56.020 and 1975-'76 2nd ex.s. c 38 s 9 are each amended to read as follows:
     (1) "Theft" means:
     (a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
     (b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
     (c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.
     (2) In any prosecution for theft, it shall be a sufficient defense that:
     (a) The property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable; or
     (b) The property was merchandise pallets that were received by a pallet recycler or repairer in the ordinary course of its business.

Sec. 2   RCW 9A.56.140 and 1998 c 236 s 3 are each amended to read as follows:
     (1) "Possessing stolen property" means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.
     (2) The fact that the person who stole the property has not been convicted, apprehended, or identified is not a defense to a charge of possessing stolen property.
     (3) When a person has in his or her possession, or under his or her control, stolen access devices issued in the names of two or more persons, or 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, as defined under RCW 9A.56.010, he or she is presumed to know that they are stolen.
     (4) The presumption in subsection (3) of this section is rebuttable by evidence raising a reasonable inference that the possession of such stolen access devices, merchandise pallets, or beverage crates was without knowledge that they were stolen.
     (5) In any prosecution for possessing stolen property, it is a sufficient defense that the property was merchandise pallets that were received by a pallet recycler or repairer in the ordinary course of its business.