wa-law.org > bill > 2023-24 > SB 6261 > Original Bill

SB 6261 - Stolen property

Source

Section 1

  1. A person is guilty of possessing stolen property in the first degree if he or she possesses stolen property, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, which :

    1. Exceeds five thousand dollars in value;

    2. 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.

  2. Possessing stolen property in the first degree is a class B felony.

Section 2

  1. Except as provided in RCW 9A.56.400, a person is guilty of theft in the first degree if he or she commits theft of:

    1. Property or services which exceed(s) five thousand dollars in value other than a firearm as defined in RCW 9.41.010;

    2. Property of any value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, taken from the person of another;

    3. A search and rescue dog, as defined in RCW 9.91.175, while the search and rescue dog is on duty;

    4. Commercial metal property, nonferrous metal property, or private metal property, as those terms are defined in RCW 19.290.010, and the costs of the damage to the owner's property exceed five thousand dollars in value; or

    5. 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.

  2. Theft in the first degree is a class B felony.

Section 3

Section 4

  1. Except to the extent provided in subsection (3) of this section, the following minimum terms of total confinement are mandatory and shall not be varied or modified under RCW 9.94A.535:

    1. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years.

    2. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years.

    3. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years.

    4. An offender convicted of the crime of sexually violent predator escape shall be sentenced to a minimum term of total confinement not less than sixty months.

    5. An offender convicted of the crime of aggravated first degree murder for a murder that was committed prior to the offender's eighteenth birthday shall be sentenced to a term of total confinement not less than 25 years.

    6. An offender convicted of the crime of possession of stolen property in the first degree shall be sentenced to a term of total confinement not less than six months if convicted for illegally possessing 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.

    7. An offender convicted of the crime of theft in the first degree shall be sentenced to a term of total confinement not less than six months if convicted for illegally possessing 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.

  2. During such minimum terms of total confinement, no offender subject to the provisions of this section is eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release authorized under RCW 9.94A.728, or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer. The provisions of this subsection shall not apply: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; or (c) for an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c).

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    1. Subsection (1)(a) through (d) of this section shall not be applied in sentencing of juveniles tried as adults pursuant to RCW 13.04.030(1)(e)(i).

    2. This subsection (3) applies only to crimes committed on or after July 24, 2005.

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