SENATE BILL REPORT

SB 5782

BYSenators 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:Paul Parker (786-7447)

                  March 3, 1989

AS REPORTED BY COMMITTEE ON ENERGY & UTILITIES, FEBRUARY 17, 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 or the value of services taken exceeds $1500.  A class C felony may be charged where unauthorized connections are made or the value of services taken exceeds $250.  A gross misdemeanor may be charged where the value of services is less than $250.  The court may require restitution, payment of court costs and the utilities investigation costs and, in lieu of standard fines, may impose additional fines of up to three times the damages.

EFFECT OF PROPOSED SUBSTITUTE:

A class B felony may be charged where tampering has occurred in furtherance of other criminal activity or services taken exceed $1500.  A class C felony may be charged where 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