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• 2018 General Session
• S.B. 59

S.B. 59 Theft Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Sen. Thatcher, Daniel W.

Floor Sponsor: Rep. Ray, Paul

• Drafting Attorney: Ericka A. Evans
• Fiscal Analyst: Gary R. Syphus

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• Bill Text
  • Introduced
  • Enrolled (Currently Displayed)

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• Related Documents
  • Fiscal Note
  • House Transmittal Letter 1
  • Senate Transmittal Letter 1
  • Agency Perf Note

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• Information
  • Last Action: 19 Mar 2018, Governor Signed
  • Last Location: Lieutenant Governor's office for filing
  • Effective Date: 8 May 2018
  • Session Law Chapter: 265

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• Similar Bills
  • Criminal Code
  • Law Enforcement and Criminal Justice
  • Sentencing Commission
  • Punishment

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• Sections Affected
  • 76-6-412

Enrolled

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S.B. 59

1     THEFT AMENDMENTS
2     2018 GENERAL SESSION
3     STATE OF UTAH
4     Chief Sponsor: Daniel W. Thatcher
5     House Sponsor: Paul Ray
6     

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7     LONG TITLE
8     General Description:
9          This bill amends the Utah Criminal Code regarding the penalty for theft.
10     Highlighted Provisions:
11          This bill:
12          ▸     removes certain provisions relating to circumstances when theft is classified as a
13     third degree felony; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          76-6-412, as last amended by Laws of Utah 2017, Chapter 347
22     

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23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 76-6-412 is amended to read:
25          76-6-412. Theft -- Classification of offenses -- Action for treble damages.
26          (1) Theft of property and services as provided in this chapter is punishable:
27          (a) as a second degree felony if the:
28          (i) value of the property or services is or exceeds $5,000;
29          (ii) property stolen is a firearm or an operable motor vehicle; or

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30          (iii) property is stolen from the person of another;
31          (b) as a third degree felony if:
32          (i) the value of the property or services is or exceeds $1,500 but is less than $5,000;
33          (ii) the value of the property or services is or exceeds $500 and the actor has been twice
34     before convicted of any of the following offenses [listed in Subsections (1)(b)(ii)(A) through
35     (1)(b)(ii)(C)], if each prior offense was committed within 10 years of the date of the current
36     conviction or the date of the offense upon which the current conviction is based and at least
37     one of those convictions is for a class A misdemeanor:
38          (A) any theft, any robbery, or any burglary with intent to commit theft;
39          (B) any offense under Title 76, Chapter 6, Part 5, Fraud; or
40          (C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B);
41          (iii) in a case not amounting to a second degree felony, the property taken is a stallion,
42     mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine,
43     poultry, or a fur-bearing animal raised for commercial purposes; or
44          (iv) (A) the value of property or services is or exceeds $500 but is less than $1,500;
45          (B) the theft occurs on a property where the offender has committed any theft within
46     the past five years; and
47          (C) the offender has received written notice from the merchant prohibiting the offender
48     from entering the property pursuant to [Section] Subsection 78B-3-108(4);
49          [(v) the actor has been twice before convicted of any of the offenses listed in
50     Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10
51     years of the date of the current conviction or the date of the offense upon which the current
52     conviction is based and the value of the property stolen is or exceeds $500 but is less than
53     $1,500; or]
54          [(vi)] (v) the actor has been previously convicted of a felony violation of any of the
55     offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C);
56          (c) as a class A misdemeanor if:
57          (i) the value of the property stolen is or exceeds $500 but is less than $1,500;

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58          (ii) (A) the value of property or services is less than $500;
59          (B) the theft occurs on a property where the offender has committed any theft within
60     the past five years; and
61          (C) the offender has received written notice from the merchant prohibiting the offender
62     from entering the property pursuant to [Section] Subsection 78B-3-108(4); or
63          (iii) the actor has been twice before convicted of any of the offenses listed in
64     Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10
65     years of the date of the current conviction or the date of the offense upon which the current
66     conviction is based; or
67          (d) as a class B misdemeanor if the value of the property stolen is less than $500 and
68     the theft is not an offense under Subsection (1)(c).
69          (2) Any individual who violates Subsection 76-6-408(1) or [Section] Subsection
70     76-6-413(1), or commits theft of property described in Subsection 76-6-412(1)(b)(iii), is civilly
71     liable for three times the amount of actual damages, if any sustained by the plaintiff, and for
72     costs of suit and reasonable attorney fees.