FINAL BILL REPORT

SB 6608

                                  C 218 L 88

BYSenators Hayner, Hansen, Sellar, DeJarnatt, Bailey, Halsan, Madsen, Barr and Benitz

Increasing penalties for theft of livestock.

Senate Committee on Agriculture

House Committe on Agriculture & Rural Development

SYNOPSIS AS ENACTED

BACKGROUND:

A person who wilfully takes, withholds or otherwise appropriates livestock with intent to deprive or defraud the lawful owner is guilty of theft of livestock.  Theft in the first degree is theft with intent to sell or exchange the livestock.  Theft in the second degree is theft without intent to sell the livestock, but for the offender's own use.

Theft of livestock in the first degree is a class B felony and, under the statutory sentencing grid, is in seriousness level III.  Theft in the second degree is a class C felony and is in seriousness level II.  Based on an offender's score under the sentencing grid, seriousness level III requires a sentence from one to 68 months, and seriousness level II requires a sentence from 0 to 57 months.

A court may also impose a fine up to $20,000 for a class B felony and up to $10,000 for a class C felony.

SUMMARY:

The penalty for the crime of theft of livestock in the first degree is increased from seriousness level III to level IV under the sentencing grid set forth by law.  The punishment for the crime of theft of livestock in the second degree is increased from seriousness level II to level III under the sentencing grid.  If an offender was armed with a deadly weapon while committing the crime of theft of livestock in the first or second degrees, an additional 12 months will be added to the sentence established under the sentencing grid.

VOTES ON FINAL PASSAGE:

      Senate    46     0

      House 89   7

EFFECTIVE:June 9, 1988