HOUSE BILL REPORT

SSB 5782

As Amended by the House

BYSenate Committee on Energy & Utilities (originally sponsored by Senators Benitz, Hansen, Barr and Newhouse)

Establishing criminal penalties for defrauding a public utility.

House Committe on Judiciary

Majority Report:  Do pass.  (16)

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

House Staff:Regina Jones (786-7191)

AS PASSED HOUSE APRIL 6, 1989

BACKGROUND:

Utilities may be the target of theft through tampering, diverting, and unauthorized connections in order to avoid metering. Under current Washington law, utilities may seek civil penalties under RCW 80.28 against persons engaged in defrauding a utility. Criminal penalties may also be charged under the Washington Criminal Code theft statutes.

SUMMARY:

Criminal penalties are established for defrauding a public utility.  A class B felony may be charged where tampering has occurred in furtherance of other criminal activity or where services taken exceed $1,500 in value. A class C felony may be charged where services taken exceed $500 in value. A gross misdemeanor may be charged where services taken are less than $500 in value or an unauthorized connection or reconnection is made.  The court may require restitution under chapter 9A.20 RCW of the Washington Criminal Code in an amount up to twice the value of the services taken, and may require payment of court costs and other costs incurred by the utility.

Restitution ordered or fines imposed under the Washington Criminal Code do not preclude a utility from collecting treble civil damages and costs under RCW 80.28.240 to which the utility may be entitled.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Greg Thies, Seattle City Light; Prime Sponsor.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Utility theft is a problem in both the urban and rural areas.  The present penalties create a disincentive to prosecute individuals who defraud utilities.

House Committee - Testimony Against:      None Presented.