wa-law.org > bill > 2025-26 > HB 2729 > Original Bill
The legislature finds that repeat theft and related property offenses have imposed significant and growing costs on Washington businesses, working families, and taxpayers. While these crimes are often classified as nonviolent, they are not victimless. Repeat offenders and organized theft rings harm local employers, increase prices for consumers, threaten retail employees, and reduce public confidence that basic standards of conduct will be enforced.
The legislature further finds that widespread theft and repeat offending have contributed to the closure of grocery stores, pharmacies, and other essential retail in certain neighborhoods. These closures reduce access to food, medicine, and basic household goods and can create or worsen food deserts, particularly for low-income families, seniors, and residents without reliable transportation. Businesses report that theft occurs daily, losses have become unsustainable, and reporting often results in little or no action, causing many stores to reduce reporting, absorb losses, relocate, or close.
Therefore, the intent of this act is to restore public order and protect communities by strengthening tools for courts to deter repeat theft, to protect access to essential retail services, and to allow structured alternatives such as court-supervised treatment when they are likely to reduce reoffending and are enforced with strict compliance requirements.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:
"Community-safety crime" means a nonviolent misdemeanor or gross misdemeanor offense that, when committed repeatedly, poses risks to public safety, family stability, neighborhood well-being, or economic security. These include, but are not limited to:
Theft in the third degree (RCW 9A.56.050);
Possessing stolen property in the third degree (RCW 9A.56.170); and
Malicious mischief in the third degree (RCW 9A.48.090).
"Repeat offender" means a person aged 18 or older who has been convicted of two or more community-safety crimes within two years prior to the current offense.
"Diversion program" means a court-recognized alternative to incarceration that includes access to behavioral health care, substance use treatment, housing, employment support, or other services addressing the underlying causes of recidivism.
A person convicted of a community-safety crime who is determined to be a repeat offender as defined in section 2 of this act, shall be subject to imprisonment for not less than 30 days nor more than 364 days, and by a fine of not more than $5,000.
The court shall not suspend or defer the mandatory minimum sentence under this section, except as provided in subsection (3) of this section.
Diversion preference: The court shall prioritize diversion over incarceration when appropriate, consistent with public safety, and in recognition of statewide best practices. The court may stay execution of the sentence if the individual voluntarily enters into and successfully completes a court-approved diversion program.
If the individual fails to complete the diversion program, the court shall impose the applicable mandatory minimum sentence under this section.
Nothing in this section shall be construed to limit law enforcement discretion prior to charging, provided that this subsection does not apply to individuals who qualify as repeat offenders under this section.
Nothing in this section shall prohibit the court from imposing a sentence above the mandatory minimum where otherwise permitted by law.
This act applies to offenses committed on or after July 1, 2026.
The administrative office of the courts shall develop statewide guidance on diversion program eligibility, referral pathways, and outcomes tracking, with attention to local resource availability and equitable access.
The supreme court or the administrative office of the courts may adopt administrative rules to support consistent implementation.
This act shall be known and cited as the retail theft accountability act.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
This act takes effect July 1, 2026.