Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

SSB 5633

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: Changing the definition of theft.

Sponsors: Senate Committee on Law & Justice (originally sponsored by Senators Palumbo, Rossi, Angel, Pedersen, O'Ban, Wilson, Zeiger and Padden).

Brief Summary of Substitute Bill

  • Amends the definition of "theft" for purposes of theft-related offenses to include concealing the property of another intending to deprive the other person of its use or benefit.

Hearing Date: 2/15/18

Staff: Omeara Harrington (786-7136).

Background:

Theft.

For purposes of the chapter in the criminal code relating to crimes of Theft and related offenses, "theft" includes any of the following conduct:

Generally, the punishment for Theft offenses is in accordance with the value of the property or services at issue. Theft in the first degree, a class B felony offense, occurs when a person commits Theft of property or services valued in excess of $5,000. Theft in the second degree, a class C felony offense, occurs when a person commits theft of property or services valued in excess of $750, but not exceeding $5,000.  Theft in the third degree, a gross misdemeanor offense, occurs when a person commits Theft of property or services valued at $750 or less.

The statutory definition of "theft" is used to establish a number of additional crimes. Examples of other crimes that rely on the statutory definition of theft include, but are not limited to: Theft of a Motor Vehicle, Theft of a Firearm, Possessing Stolen Property, Theft with Intent to Resell, and Organized Retail Theft.

Attempt.

A person may be found guilty of the separate crime of Attempt if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime. An attempt to commit a crime is generally classified at one level lower than a completed offense.

Summary of Bill:

In addition to the existing definition of theft, theft also includes concealing property of another intending that the concealment will deprive the other person permanently of its use or benefit.

Appropriation: None.

Fiscal Note: Requested on February 12, 2018.

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