Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

HB 1305

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 Summary of Bill

Increases the penalty for the crime of Vehicle Prowling in the second degree from a gross misdemeanor to a class C felony on the offender's third or subsequent offense.

Background:

A person is guilty of Vehicle Prowling in the second degree if, with intent to commit a crime against a person or property, he or she enters or remains unlawfully in a vehicle other than a motor home, or a vessel. Vehicle prowling in the second degree is a gross misdemeanor offense. A gross misdemeanor offense is punishable by a sentence of up to 364 days in jail or a maximum fine of $5,000, or both imprisonment and a fine.

Generally, gross misdemeanor offenses do not count as part of an offender's score when calculating his or her standard sentence range. However, in the case of multiple prior convictions for the purpose of computing an offender's score, if the present conviction is for an offense involving Theft of a Motor Vehicle, Possession of a Stolen Motor Vehicle, or Taking a Motor Vehicle without Permission, an offender receives:

one point for each prior conviction involving Vehicle Prowling in the second degree; and
three points for each prior conviction involving Theft of a Motor Vehicle, Possession of a Stolen Motor Vehicle, or Taking a Motor Vehicle without Permission.

Summary of Bill:

On the third and subsequent convictions, the crime of Vehicle Prowling in the second degree is increased to a seriousness level V, a class C felony offense. The statutory maximum sentence for a class C felony offense is five years in prison and a $10,000 fine.