HOUSE BILL REPORT

SB 6608

BYSenators Hayner, Hansen, Sellar, DeJarnatt, Bailey, Halsan, Madsen, Barr and Benitz

Increasing penalties for theft of livestock.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass.  (14)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Baugher, Bristow, Brooks, Chandler, Doty, Grant, Holm, R. King, McLean, Moyer, Nealey, and Rasmussen.

House Staff:Tim Burke (786-7103)

AS PASSED HOUSE MARCH 3, 1988

BACKGROUND:

A person who wilfully takes, withholds or otherwise appropriates livestock with intent to deprive or defraud the lawful owner is guilty of theft of livestock.  Theft in the first degree is theft with intent to sell or exchange the livestock.  Theft in the second degree is theft without intent to sell the livestock, but for the offender's own use.

Theft of livestock in the first degree is a class B felony and, under the statutory sentencing grid, is in seriousness level III.  Theft in the second degree is a class C felony and is in seriousness level II.  Based on an offender's score under the sentencing grid, seriousness level III requires a sentence from one to 68 months, and seriousness level II requires a sentence from 0 to 57 months.

A court may also impose a fine up to $20,000 for a class B felony and up to $10,000 for a class C felony.

SUMMARY:

The penalty for the crime of theft of livestock in the first degree is increased from seriousness level III to level IV under the sentencing grid set forth in RCW 9.94A.310.  The punishment for the crime of theft of livestock in the second degree is increased from seriousness level II to level III under the sentencing grid.  If an offender was armed with a deadly weapon while committing the crime of theft of livestock, in the first or second degrees, an additional 12 months will be added to the sentence established under the sentencing grid.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Senator Hayner; and Marlyta Deck, Washington Cattlemen's Association.

House Committee - Testified Against:      Rozanne Park, Sentencing Guidelines Commission.

House Committee - Testimony For:    (1) The use of guns to shoot cattle during a theft is becoming more common.  This practice threatens the lives of cattlemen, but the thieves who are caught are getting just a slap on the hands by the courts.  (2) One rancher lost a large part of the rancher's herd to cattle thieves.  (3) Evidence suggests that cattle thieves are well organized and armed.  It is time to get tough with offenders.

House Committee - Testimony Against:      (1) The punishment for cattle theft has been increased already for the more serious offenses, but judges are not levying the maximum penalties permitted.  Rather than passing a bill, the judges should be asked to lengthen their sentences for these crimes.  (2) Adding an additional year for persons who commit this crime while armed with a deadly weapon establishes a bad precedent.