SENATE BILL REPORT

SB 5262

As Reported By Senate Committee On:

Judiciary, January 28, 2002

Title:  An act relating to threshold property values for crimes against property.

Brief Description:  Changing threshold property values for crimes against property.

Sponsors:  Senators Kline, McCaslin, Costa and Winsley.

Brief History:

Committee Activity:  Judiciary:  1/30/01; 1/17/02, 1/28/02. [DPS]

SENATE COMMITTEE ON JUDICIARY

Majority Report:  That Substitute Senate Bill No. 5262 be substituted therefor, and the substitute bill do pass.

Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Hargrove, Long, McCaslin, Poulsen and Thibaudeau.

Staff:  Aldo Melchiori (786‑7439)

Background:  The monetary amounts differentiating the various degrees of property crimes in Washington were established in 1975 when the Washington Criminal Code was first established. They have never been adjusted.  Since that time, the Consumer Price Index increase has been 3.2 in the United States and 3.5 in Seattle.  For comparison, $250 in 1975 is equivalent to $800 now  and $1,500 in 1975 dollars is equivalent to $4,800 now.

Summary of Substitute Bill:  Theft in the first degree, possession of stolen property in the first degree, and malicious mischief in the first degree (B felonies) are committed when a person takes or possesses stolen property or harms property valued at more than $4,500.  Theft in the second degree, possession of stolen property in the second degree and malicious mischief in the second degree (C felonies) are committed when a person takes or possesses stolen property valued at more than $750.  Theft in the third degree, possession of stolen property in the third degree, and malicious mischief in the third degree (gross misdemeanors) are committed when a person takes or possesses stolen property valued at $750 or less.

Theft of rental or leased property valued at more than $4,500 is a B felony, while it is a C felony if valued at between $750 and $4,499 and a gross misdemeanor if valued at less than $750.

Unlawful issuance of checks or drafts in an amount greater than $750 is a C felony, while it is a gross misdemeanor if they are in an amount of $750 or less.

Theft of or possession of stolen merchandise or beverage pallets are removed as independent elements of theft in the third degree and possession of stolen property in the third degree.

Substitute Bill Compared to Original Bill:  The substitute bill provides that theft in the second degree, malicious mischief in the second degree, and possession of stolen property in the second degree is committed when the value of the property is over $750.  Theft of rental or leased property valued at less than $750 is a gross misdemeanor.  Unlawful issuance of checks or drafts in an amount of $750 or less is a gross misdemeanor.

Appropriation:  None.

Fiscal Note:  Requested on January 9, 2002.

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

Testimony For:  Adjustments in the threshold property values for the commission of these crimes is overdue.  The adjusted amounts merely keep up with inflation.

Testimony Against:  None.

Testified:  PRO:  Tom McBride, Washington Association of Prosecuting Attorneys.