HOUSE BILL REPORT

SSB 5488

BYSenate Committee on Agriculture (originally sponsored by Senators Barr, Hansen, Bauer, Conner, Sellar, DeJarnatt, Owen, Metcalf, Sutherland, Bailey, Gaspard, Madsen, Newhouse, Hayner, Rinehart, Smitherman, Benitz, Amondson, Anderson and Matson)

Changing penalties and procedures for theft of livestock.

House Committe on Judiciary

Majority Report:  Do pass.  (14)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Dellwo, Hargrove, Inslee, P. King, Moyer, H. Myers, Schmidt, Scott, D. Sommers and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE APRIL 6, 1989

BACKGROUND:

A person convicted of stealing livestock with intent to sell is guilty of theft in the first degree which is a class B felony.  A person convicted of stealing livestock for personal use is guilty of theft in the second degree which is a class C felony.

The maximum penalty for a class B felony is 10 years in jail, a $20,000 fine or both.  The maximum penalty for a class C felony is five years in jail, a $10,000 fine or both. Current law does not impose a mandatory fine for stealing livestock.

SUMMARY:

The court must impose a fine of $2,000 per animal following conviction of stealing or killing livestock.  The fine may not be suspended, waived, modified, or deferred.  If two or more persons are convicted of the same offense, the fine shall be a joint and several obligation.  Funds collected from the fines shall be distributed between the state and counties according to the laws governing disposition of costs, fines, fees and penalties.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Marlyta Deck, Cattlemen's Association of Dairy Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Penalties currently imposed are too low for deterring this serious problem.  A mandatory fine will help deter livestock theft.

House Committee - Testimony Against:      None Presented.