FINAL BILL REPORT

ESB 5053

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.

Background: A person commits the crime of vehicle prowling in the first degree when that person enters or remains unlawfully in a motor home or vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities, and the person intends to commit a crime against a person or property inside. Vehicle prowling in the first degree is a class C felony ranked at level I on the sentencing grid, which is punishable by 0 - 60 days of confinement and a fine of up to $10,000 for a first offense.

A person commits the crime of vehicle prowling in the second degree when that person enters or remains unlawfully in a vehicle with the intent to commit a crime against a person or property inside. Vehicle prowling in the second degree is a gross misdemeanor. A gross misdemeanor is punishable by up to 364 days of confinement and a fine of up to $5,000.

Summary: Vehicle prowling in the second degree is a class C felony upon a third or subsequent conviction of vehicle prowling in the second degree.

Vehicle prowl incidents charged in one charging document will not count as multiple offenses for the purpose of charging felony vehicle prowl. Vehicle prowl incidents that occur on the same date will not count as multiple offenses for the purpose of charging felony vehicle prowl.

The third or subsequent offense for the crime of vehicle prowling in the second degree is a level IV offense on the sentencing grid.

Votes on Final Passage:

Senate	48	0
House	96	1	(House amended)
Senate	46	0	(Senate concurred)