HOUSE BILL ANALYSIS

HB 1085

Title:  An act relating to possession of stolen checks or drafts.

Brief Description:  Penalizing possession of stolen checks.

Sponsors:  Representatives Dunn, Conway, Lambert and Esser.

HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS

Staff:  Yvonne Walker (786-7841).

Background:

"Possession" of stolen credit cards or access devices issued in the names of two or more persons creates a presumption that the possessor had knowledge that the items were stolen.  The possession of these stolen credit cards or access devices is theft in the third degree and is a gross misdemeanor.

"Theft" of checks or drafts is theft in the third degree and is a gross misdemeanor.

Summary:

The "possession" of stolen checks or drafts issued in the accounts of two or more people creates a presumption that the possessor knows that they are stolen.  The possession of stolen checks or drafts is theft in the second degree, a level 1, class C felony.

The penalty for the "theft" of checks or drafts is increased from a gross misdemeanor to a level 1, class C felony.

Fiscal Note:  Requested on January 19, 1999.

Effective Date:  This bill contains an emergency clause and takes effect immediately.