Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety & Emergency Preparedness Committee

SSB 5154

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Modifying vehicle prowling provisions.

Sponsors: Senate Committee on Judiciary (originally sponsored by Senators Harper, Kline, Pflug, Hobbs, Ericksen, Rockefeller, Nelson and Roach).

Brief Summary of Substitute Bill

  • Elevates Vehicle Prowling in the second degree from a gross misdemeanor to a class C felony on the third and subsequent convictions.

Hearing Date: 3/16/11

Staff: Alexa Silver (786-7190).

Background:

A person is guilty of Vehicle Prowling in the first degree if he or she enters or remains unlawfully in a motor home or a vessel that has sleeping or cooking facilities with the intent to commit a crime therein. Vehicle Prowling in the first degree is a class C felony with a seriousness level of I.

A person is guilty of Vehicle Prowling in the second degree if he or she enters or remains unlawfully in any other vehicle with the intent to commit a crime therein. Vehicle Prowling in the second degree is a gross misdemeanor. Generally only prior felony convictions count toward the offender score, but prior convictions for Vehicle Prowling in the second degree are included in the offender score if the offender's current conviction is for Theft of a Motor Vehicle, Possession of a Stolen Vehicle, or Taking a Motor Vehicle Without Permission.

A gross misdemeanor is punishable by imprisonment up to one year and a fine up to $5,000. Under the sentencing grid for felonies, the standard sentence range for a first-time offender convicted of a level I offense is zero to 60 days. The standard sentence range for a first-time offender convicted of a level V offense is six to 12 months.

Summary of Bill:

On the third and subsequent convictions, Vehicle Prowling in the second degree is a class C felony with a seriousness level of V.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.