BILL REQ. #:  S-0404.1 

Read first time 01/14/13.   Referred to Committee on Law & Justice .

     AN ACT Relating to changing retail theft with extenuating circumstances to retail theft with special circumstances; amending RCW 9A.56.360; prescribing penalties; and providing an effective date.

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

Sec. 1   RCW 9A.56.360 and 2006 c 277 s 3 are each amended to read as follows:
     (1) A person commits retail theft with ((extenuating)) special circumstances if he or she commits theft of property from a mercantile establishment with one of the following ((extenuating)) special circumstances:
     (a) To facilitate the theft, the person leaves the mercantile establishment through a designated emergency exit;
     (b) The person was, at the time of the theft, in possession of an item, article, implement, or device designed to overcome security systems including, but not limited to, lined bags or tag removers; or
     (c) The person committed theft at three or more separate and distinct mercantile establishments within a one hundred eighty-day period.
     (2) A person is guilty of retail theft with ((extenuating)) special circumstances in the first degree if the theft involved constitutes theft in the first degree. Retail theft with ((extenuating)) special circumstances in the first degree is a class B felony.
     (3) A person is guilty of retail theft with ((extenuating)) special circumstances in the second degree if the theft involved constitutes theft in the second degree. Retail theft with ((extenuating)) special circumstances in the second degree is a class C felony.
     (4) A person is guilty of retail theft with ((extenuating)) special circumstances in the third degree if the theft involved constitutes theft in the third degree. Retail theft with ((extenuating)) special circumstances in the third degree is a class C felony.

NEW SECTION.  Sec. 2   This act takes effect January 1, 2014.