SENATE BILL REPORT

SB 6656

BYSenator Pullen

Making criminal possession of a motor vehicle a class C felony.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 1, 1988; February 3, 1988

Majority Report:  That Substitute Senate Bill No. 6656 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Newhouse, Niemi.

Senate Staff:Jon Carlson (786-7459)

                  February 13, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 3, 1988

BACKGROUND:

Concern exists over the growing theft of cars from used car lots under the guise of test driving such automobiles.  City prosecutors generally do not consider an automobile stolen for a period of thirty days, giving individuals a substantial period of time in which to transfer the vehicle to another jurisdiction or otherwise dispose of it.  It is suggested that the prosecution of this activity would be aided by shortening the time period beyond which an automobile is presumed stolen.

SUMMARY:

A person is guilty of the crime of criminal possession of a motor vehicle that is offered for sale under the following circumstances: 1) the value of the motor vehicle exceeds $1500; 2) the vehicle is kept beyond the time specified in the written agreement; 3) the person is served by registered or certified mail with a demand to return the vehicle; and 4) the person wilfully neglects to return the vehicle to the owner within five full business days from the date of service of notice.

It is a defense to any civil action arising out of the arrest or detention of a person suspected of criminal possession of a motor vehicle that he or she failed to return the vehicle within the five day period following receipt of notice.

Criminal possession of a motor vehicle is a Class C felony.

EFFECT OF PROPOSED SUBSTITUTE:

The statute pertaining to taking a motor vehicle without permission is amended to include a person who, after obtaining an automobile or motor vehicle with the owner's permission, wilfully retains that vehicle after the period for which permission is granted or after demand for the return of the vehicle.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: John Hosford and Ted Reedy, North End Auto Sales (for)