SENATE BILL REPORT
SB 6261
As of January 26, 2024
Title: An act relating to the penalties for theft and possession of stolen property, including theft from first responders.
Brief Description: Concerning penalties for the theft and possession of stolen property, including theft from first responders.
Sponsors: Senator Warnick.
Brief History:
Committee Activity: Law & Justice: 1/29/24.
Brief Summary of Bill
  • Creates an alternative method of committing possession of stolen property in the first degree.
  • Creates an alternative method of committing theft in the first degree.
  • Creates a statutory minimum sentence for individuals convicted of possession of stolen property in the first degree or theft in the first degree related to property or equipment of firefighters or emergency medical service providers.
SENATE COMMITTEE ON LAW & JUSTICE
Staff: Joe McKittrick (786-7287)
Background:

Possession of Stolen Property. Possession of stolen property means knowingly receiving, retaining, possessing, concealing or disposing of stolen property knowing that it has been stolen and withholding or appropriating the property to the use of any person other than the true owner or person entitled to the property. The fact the person who initially stole the property has not been convicted, apprehended, or identified does not relieve the possessor of stolen property from criminal liability.

 A person commits the class B felony of possession of stolen property in the first degree if the person possesses stolen property, other than a firearm or motor vehicle, valued at over $5,000. A person commits the class C felony of possession of stolen property in the second degree if the person (a) possesses stolen property, other than a firearm or motor vehicle, valued at over $750; (b) possesses a stolen public record, writing or instrument kept, file, or deposited according to law; or (c) possesses a stolen access device such as a credit card.

A person commits the gross misdemeanor crime of possession of stolen property in the third degree if the person possesses stolen property that is valued at under $750 or possesses ten or more stolen beverage crates or merchandise pallets.

Possession of stolen property in the first degree is a seriousness level II offense, meaning a person with no relevant criminal history would face a standard sentencing range of zero to 90 days imprisonment.

Theft. A person commits the class B felony of theft in the first degree if the person commits theft of:

  • property or services valued at over $5,000 excluding firearms;
  • property of any value, excluding firearms and motor vehicles, taken from the person of another;
  • a search and rescue dog while the dog is on duty; or
  • commercial metal property, nonferrous metal property, or private metal property where the costs of damages to the owners property exceeds $5,000 in value.


A person commits the class C felony of theft in the second degree if the person commits theft of:

  • property or services valued between $750 and $5,000, excluding firearms and motor vehicles;
  • a public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; commercial metal property, nonferrous metal property, or private metal property where the costs of damages to the owners property is valued between $705 and $5,000; or
  • an access device such as a credit card.


A person commits the gross misdemeanor crime of theft in the third degree if the person commits theft of property or services not exceeding $750 in value or that includes ten or more merchandise pallets and beverage crates.

Theft in the first degree is a seriousness level II offense, meaning a person with no relevant criminal history would face a standard sentencing range of zero to 90 days imprisonment.
Summary of Bill:

The bill as referred to committee not considered.
Summary of Bill (Proposed Substitute):

An alternative method of committing possession of stolen property in the first degree is added by which a person is guilty of the crime if the person possesses stolen property that was property or equipment used by firefighters or emergency medical service providers in the course of duties and taken from a fire station or emergency medical services building, facility, structure, or vehicle.

An alternative method of committing theft in the first degree is added by which a person is guilty of the crime if the person commits theft of property or equipment used by firefighters or emergency medical service providers in the course of duties and taken from a fire station or emergency medical services building, facility, structure, or vehicle.

Possession of stolen property in the first degree and theft in the first degree of property or equipment of a firefighter or emergency medical service provider are classified seriousness level IV offenses, meaning a person with no relevant criminal history convicted of either crime would face a standard sentence range of three to nine months imprisonment.

A statutory minimum sentence of six months imprisonment is created for individuals convicted of either possession of stolen property in the first degree or theft in the first degree related to theft or possession of stolen property or equipment of firefighters or emergency medical service providers.
Appropriation: None.
Fiscal Note: Requested on January 26, 2024.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.