SENATE BILL REPORT

SSB 5782

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

Establishing criminal penalties for defrauding a public utility.

Senate Committee on Energy & Utilities

Senate Hearing Date(s):February 10, 1989; February 17, 1989

Majority Report:  That Substitute Senate Bill No. 5782 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Benitz, Chairman; Metcalf, Nelson, Stratton, Williams.

Senate Staff:Phil Moeller (786-7445)

                  April 7, 1989

House Committe on Judiciary

AS PASSED SENATE, MARCH 9, 1989

BACKGROUND:

Utilities report an increasing amount of electricity theft through tampering or unauthorized connections in order to avoid metering.  Indoor marijuana farmers often tap into utility lines because the growth lights used consume high levels of electricity.  Under current law, utilities may seek civil penalties against persons engaged in defrauding a utility or may seek criminal penalties under the theft statute.

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 services taken exceed $1,500.  A class C felony may be charged when services taken exceed $250.  A gross misdemeanor may be charged where services less than $250 in value are taken or an unauthorized connection or reconnection is made.  The court may require restitution in an amount twice the value of services taken and payment of court costs and other costs incurred by the utility.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Greg Thies, Henry Yates, Seattle City Light

HOUSE AMENDMENT:

A class C felony may be charged when services taken exceed $500, changed from $250.  A gross misdemeanor may be charged when services taken are less than $500, changed from $250.