BILL REQ. #:  S-3020.3 

     AN ACT Relating to crimes against property; amending RCW 4.24.230, 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, 9A.56.170, and 9A.56.350; adding a new section to chapter 9.94A RCW; adding a new section to chapter 3.50 RCW; adding a new section to chapter 3.66 RCW; adding a new section to chapter 35.20 RCW; creating new sections; and prescribing penalties.

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

NEW SECTION.  Sec. 1   (1) An organized retail crime task force is created for the purpose of monitoring the effects of raising the monetary threshold amounts differentiating the various degrees of property crimes in Washington state. The task force is directed to examine the impact of raising these values on (a) the retail industry; (b) the district and municipal courts; and (c) the county and city offices of the prosecuting attorney. The task force shall also examine the best methods for apportionment and sharing of costs for prosecution when multiple jurisdictions are involved. In addition, the task force is charged with identifying any policies or procedures which would enhance the successful investigation and prosecution of property crimes in Washington state.
     (2) The task force shall consist of the following members:
     (a) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
     (b) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
     (c) One member appointed by the Washington association of prosecuting attorneys;
     (d) One member appointed by the Washington association of criminal defense lawyers;
     (e) One member appointed by the association of Washington cities;
     (f) One member appointed by the association of Washington counties;
     (g) One member appointed by the food industry association of Washington representing retail grocers who own a single store or a regional chain with less than ten million five hundred thousand dollars in gross revenues per location annually;
     (h) One member appointed by the Washington association of retailers representing a retailer who owns a single store or a chain with one million five hundred thousand dollars or more in gross revenues annually; and
     (i) The superior court judges association and the district and municipal court judges association are each invited to select a judge to be a member of the task force.
     (3) The task force shall choose its chair from among its members and may conduct meetings, select officers, and prescribe rules of procedure.
     (4) Staff for the task force will be provided by the staff of the legislature.
     (5) Legislative members of the task force shall not be reimbursed for travel expenses. Nonlegislative members appointed under subsection (2)(c) through (h) of this section are not entitled to reimbursement under RCW 43.03.050 or 43.03.060 for travel or other expenses related to service on the task force. The participation of an organization in the task force shall not result in any finding or determination that the organization is a governmental or public agency.
     (6) The task force is subject to the open public meetings act, chapter 42.30 RCW.
     (7) The task force shall report its findings and recommendations to the appropriate committees of the legislature eighteen months after the effective date of this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.94A RCW to read as follows:
     The sentencing guidelines commission shall review the monetary threshold amounts differentiating the various degrees of property crimes in Washington state to determine whether such amounts should be modified. The sentencing guidelines commission shall report to the legislature with its recommendations by November 1, 2014, and every five years thereafter.

Sec. 3   RCW 4.24.230 and 1994 c 9 s 1 are each amended to read as follows:
     (1) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof ((shall be)) is liable in addition to actual damages, for a penalty to the owner or seller in the amount of the retail value thereof not to exceed ((one)) two thousand eight hundred fifty dollars, plus an additional penalty of not less than one hundred dollars nor more than ((two)) six hundred fifty dollars, plus all reasonable attorney's fees and court costs expended by the owner or seller. A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section. A person who shall receive any food, money, credit, lodging, or accommodation at any hotel, motel, boarding house, or lodging house, and then leaves without paying the proprietor, manager, or authorized employee thereof, is subject to liability under this section.
     (2) The parent or legal guardian having the custody of an unemancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, ((shall be)) is liable as a penalty to the owner or seller for the retail value of such goods, wares, or merchandise not to exceed ((five)) one thousand four hundred twenty-five dollars plus an additional penalty of not less than one hundred dollars nor more than ((two)) six hundred fifty dollars, plus all reasonable attorney's fees and court costs expended by the owner or seller. The parent or legal guardian having the custody of an unemancipated minor, who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section. The parent or legal guardian having the custody of an unemancipated minor, who receives any food, money, credit, lodging, or accommodation at any hotel, motel, boarding house, or lodging house, and then leaves without paying the proprietor, manager, or authorized employee thereof, is subject to liability under this section. For the purposes of this subsection, liability shall not be imposed upon any governmental entity, private agency, or foster parent assigned responsibility for the minor child pursuant to court order or action of the department of social and health services.
     (3) Judgments and claims arising under this section may be assigned.
     (4) A conviction for violation of chapter 9A.56 RCW shall not be a condition precedent to maintenance of a civil action authorized by this section.
     (5) An owner or seller demanding payment of a penalty under subsection (1) or (2) of this section shall give written notice to the person or persons from whom the penalty is sought. The notice shall state:
     "IMPORTANT NOTICE: The payment of any penalty demanded of you does not prevent criminal prosecution under a related criminal provision."
     This notice shall be boldly and conspicuously displayed, in at least the same size type as is used in the demand, and shall be sent with the demand for payment of a penalty described in subsection (1) or (2) of this section.

Sec. 4   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)) five 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. 5   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. 6   RCW 9A.48.090 and 2003 c 53 s 71 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.
     (b) Malicious mischief in the third degree under subsection (1)(a) of this section is a misdemeanor if the damage to the property is fifty dollars or less.
     (c) Malicious mischief in the third degree under subsection (1)(b) of this section)) is a gross misdemeanor.

Sec. 7   RCW 9A.56.030 and 2007 c 199 s 3 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)) five thousand ((five hundred)) dollars in value other than a firearm as defined in RCW 9.41.010;
     (b) Property of any value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, taken from the person of another; or
     (c) A search and rescue dog, as defined in RCW 9.91.175, while the search and rescue dog is on duty.
     (2) Theft in the first degree is a class B felony.

Sec. 8   RCW 9A.56.040 and 2007 c 199 s 4 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 fifty dollars in value but does not exceed ((one)) five thousand ((five hundred)) dollars in value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle; 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.
     (2) Theft in the second degree is a class C felony.

Sec. 9   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. 10   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)) up to one thousand one hundred twenty-five dollars. Of the fine imposed, at least ((fifty)) three hundred seventy-five dollars or an amount equal to one hundred fifty percent of the amount of the bank check, whichever is greater, shall not be suspended or deferred. Upon conviction for a second offense within any twelve-month period, the court may not suspend or defer ((only that)) any portion of the fine ((which is in excess of five hundred dollars)).

Sec. 11   RCW 9A.56.096 and 2007 c 199 s 17 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, leased, or loaned by written agreement to the person, is guilty of theft of rental, leased, lease-purchased, or loaned 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, lease-purchase, or loan agreement; or
     (b) That the renter, lessee, or borrower 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, lease-purchase, or loan period, mailed by certified or registered mail to the renter, lessee, or borrower at: (a) The address the renter, lessee, or borrower gave when the contract was made; or (b) the renter, lessee, or borrower's last known address if later furnished in writing by the renter, lessee, borrower, or the agent of the renter, lessee, or borrower.
     (4) The replacement value of the property obtained must be utilized in determining the amount involved in the theft of rental, leased, lease-purchased, or loaned property.
     (5)(a) Theft of rental, leased, lease-purchased, or loaned property is a class B felony if the rental, leased, lease-purchased, or loaned property is valued at ((one)) five thousand ((five hundred)) dollars or more.
     (b) Theft of rental, leased, lease-purchased, or loaned property is a class C felony if the rental, leased, lease-purchased, or loaned property is valued at ((two)) seven hundred fifty dollars or more but less than ((one)) five thousand ((five hundred)) dollars.
     (c) Theft of rental, leased, lease-purchased, or loaned property is a gross misdemeanor if the rental, leased, lease-purchased, or loaned property is valued at less than ((two)) seven hundred fifty dollars.
     (6) 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, to lease-purchase agreements as defined under RCW 63.19.010, and to vehicles loaned to prospective purchasers borrowing a vehicle by written agreement from a motor vehicle dealer licensed under chapter 46.70 RCW. This section does not apply to rental or leasing of real property under the residential landlord-tenant act, chapter 59.18 RCW.

Sec. 12   RCW 9A.56.150 and 2007 c 199 s 6 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 or a motor vehicle, which exceeds ((one)) five thousand ((five hundred)) dollars in value.
     (2) Possessing stolen property in the first degree is a class B felony.

Sec. 13   RCW 9A.56.160 and 2007 c 199 s 7 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 or a motor vehicle, which exceeds ((two)) seven hundred fifty dollars in value but does not exceed ((one)) five 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.
     (2) Possessing stolen property in the second degree is a class C felony.

Sec. 14   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.

Sec. 15   RCW 9A.56.350 and 2006 c 277 s 2 are each amended to read as follows:
     (1) A person is guilty of organized retail theft if he or she:
     (a) Commits theft of property with a value of at least ((two)) seven hundred fifty dollars from a mercantile establishment with an accomplice; ((or))
     (b) Possesses stolen property, as defined in RCW 9A.56.140, with a value of at least ((two)) seven hundred fifty dollars from a mercantile establishment with an accomplice; or
     (c) Commits theft of property with a cumulative value of at least seven hundred fifty dollars from one or more mercantile establishments within a period of up to one hundred eighty days.
     (2) A person is guilty of organized retail theft in the first degree if the property stolen or possessed has a value of ((one)) five thousand ((five hundred)) dollars or more. Organized retail theft in the first degree is a class B felony.
     (3) A person is guilty of organized retail theft in the second degree if the property stolen or possessed has a value of at least ((two)) seven hundred fifty dollars, but less than ((one)) five thousand ((five hundred)) dollars. Organized retail theft in the second degree is a class C felony.
     (4) For purposes of this section, a series of thefts committed by the same person from one or more mercantile establishments over a period of one hundred eighty days may be aggregated in one count and the sum of the value of all the property shall be the value considered in determining the degree of the organized retail theft involved. Thefts committed by the same person in different counties that have been aggregated in one county may be prosecuted in any county in which any one of the thefts occurred.
     (5) The mercantile establishment or establishments whose property is alleged to have been stolen may request that the charge be aggregated with other thefts of property about which the mercantile establishment or establishments is aware. In the event a request to aggregate the prosecution is declined, the mercantile establishment or establishments shall be promptly advised by the prosecuting jurisdiction making the decision to decline aggregating the prosecution of the decision and the reasons for such decision.

NEW SECTION.  Sec. 16   A new section is added to chapter 3.50 RCW to read as follows:
     Before a sentence is imposed upon a defendant convicted of a crime against property, the court or the prosecuting authority shall check existing judicial information systems to determine the criminal history of the defendant.

NEW SECTION.  Sec. 17   A new section is added to chapter 3.66 RCW to read as follows:
     Before a sentence is imposed upon a defendant convicted of a crime against property, the court or the prosecuting authority shall check existing judicial information systems to determine the criminal history of the defendant.

NEW SECTION.  Sec. 18   A new section is added to chapter 35.20 RCW to read as follows:
     Before a sentence is imposed upon a defendant convicted of a crime against property, the court or the prosecuting authority shall check existing judicial information systems to determine the criminal history of the defendant.

NEW SECTION.  Sec. 19   Merchants and other parties who create a database of individuals who have been: Apprehended in the process of committing a property crime; assessed a civil fine or penalty for committing a property crime; or convicted of a property crime are not subject to civil fines or penalties for sharing information from the database with other merchants, law enforcement officials, or legal professionals.

NEW SECTION.  Sec. 20   This act applies to crimes committed on or after September 1, 2009.