Subscribe in a Reader32 Year Old Law is Revisited
May 23rd, 2008 Filed Under Legal News, Theft
It has been a long time coming. The law regarding what makes a theft a felony is finally being revisited. We strongly encourage anyone that is interested to contact your local Representative and encourage them to take a close look at this law. Read Adam Wilson’s full article from the Olympian here.
Next year, walking out of the mall with a stolen blouse and skirt might not be a felony.
Legislators, judges and retailers met Wednesday to talk about moving the line between misdemeanor theft and felony theft, which was set 32 years ago at $250.
“In 1976, $250 was a lot of money,” said Rep. Roger Goodman, D-Kirkland.
He advocated increasing the mark, noting that felony convictions can mean prison time, cost convicts some of their civil rights, and make finding jobs and housing difficult.
Others at the panel discussion said treating low-value theft and possession-of-stolen-property cases as felonies leaves them at the bottom of priority lists for prosecutors and community supervision officers.
“The fact is that our supervision system for felons is geared toward violent offenders,” Sen. Adam Kline said, adding that some county prosecutors in the state already have decided not to press felony charges in cases involving less than $500.
The Seattle Democrat said he has pushed a bill to temporarily increase the threshold for a felony crime, for six years. The idea was approved by the Senate this year but was panned in the House.
However, the panel discussion in Olympia was sponsored by House public safety committee Chairman Rep. Al O’Brien, D-Mountlake Terrace.
Klein credited the new momentum to less resistance from retailers.
The maximum penalty for a misdemeanor is a year in jail, and judges often suspend the entire sentence, said the chief of security for Safeway stores, Jason Moulton. He said his company often has to work with prosecutors to present judges with information on other misdemeanor thefts by suspected serial shoplifters.
“Invariably what happens, if we don’t do that, the judge sentences them as if they were a newly baptized infant,” Moulton said. “Why is there no increased penalty for people who are on their fourth conviction for gross misdemeanors?”
But separating Class C felony property crimes from rape and murder charges found in superior court might give them more attention in district court, which handles misdemeanors.
“I think at the municipal court level and more likely at the district court level … there is more focus on these people than from a superior court judge,” said Judge Michael Lambo of the district court in Kirkland.
“One thing we insist on is that restitution would be paid in full,” he added. “You don’t see that at the superior court level; (it is) not permitted by statute.”
Critical to moving the cases to lower courts, however, would be giving cities and counties more money to support supervising the offenders, said Jim Justin of the Association of Washington Cities.
Kline said he expected more progress on the idea when he introduces the measure again next legislative session.
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