SENATE BILL REPORT

HB 1895

 

As Reported By Senate Committee On:

Judiciary, March 22, 2001

 

Title:  An act relating to theft of motor vehicle fuel.

 

Brief Description:  Creating the crime of theft of motor vehicle fuel.

 

Sponsors:  By Representatives Esser, Morris, Barlean, Cooper, Mielke, O'Brien, Mulliken, Ericksen, Hatfield, B. Chandler, Linville and Kirby.

 

Brief History: 

Committee Activity:  Judiciary:  3/22/01 [DP, DNP].

SENATE COMMITTEE ON JUDICIARY

 

Majority Report:  Do pass.

Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach and Thibaudeau.

 

Minority Report:  Do not pass.

Signed by Senator Zarelli.

 

Staff:  Aldo Melchiori (786‑7439)

 

Background:  Theft in the first degree is committed when a person wrongfully obtains property or services valued in excess of $1,500.  Theft in the first degree is a class B felony ranked at level II on the sentencing grid (0-3 months for a first offense).  A person commits theft in the second degree by wrongfully obtaining  property or services valued in excess of $250, but not exceeding $1,500.  Theft in the second degree is a class C felony ranked at level I on the sentencing grid (0-2 months for a first offense).  Theft in the third degree is committed when a person wrongfully obtains property or services valued less than $250.  Theft in the third degree is a gross misdemeanor carrying a maximum sentence of up to one year in jail.

 

Summary of Bill:  A person is guilty of theft of motor vehicle fuel when he or she refuses to pay or evades payment for motor vehicle fuel that is pumped into a motor vehicle.  Theft of motor fuel is a gross misdemeanor.  In addition, the license, permit, or nonresident driving privilege of a person convicted of theft of motor vehicle fuel must be suspended by the Department of Licensing for six months.

 

Appropriation:  None.

 

Fiscal Note: Available.

 

Effective Date:  Ninety days after adjournment of session in which bill is passed.

 

Testimony For:  When the price of gasoline rises, the incidence of theft of gasoline from service stations rises.  Other states that have enacted license suspension legislation have experienced a 50 percent reduction in these offenses.

 

Testimony Against:  None.

 

Testified:  Representative Esser; Tim Hamilton, AUTO; T.K. Bentler, Washington Association of Neighborhood Stores; Charlie Brown, Washington Oil Marketers Association.