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7 LONG TITLE
8 General Description:
9 This bill concerns the theft of certain types of property.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides an increased penalty for certain metal thefts; and
13 ▸ makes technical and conforming changes.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 This bill provides a coordination clause.
18 Utah Code Sections Affected:
19 AMENDS:
20 76-6-412, as last amended by Laws of Utah 2022, Chapter 201
21 Utah Code Sections Affected by Coordination Clause:
22 76-6-404, as enacted by Laws of Utah 1973, Chapter 196
23 76-6-404.5, as last amended by Laws of Utah 2001, Chapter 48
24 76-6-405, as last amended by Laws of Utah 2012, Chapter 156
25 76-6-406, as last amended by Laws of Utah 2022, Chapter 164
26 76-6-407, as enacted by Laws of Utah 1973, Chapter 196
27 76-6-408, as last amended by Laws of Utah 2022, Chapter 201
28 76-6-410, as enacted by Laws of Utah 1973, Chapter 196
29 76-6-602, as enacted by Laws of Utah 1979, Chapter 78
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 76-6-412 is amended to read:
33 76-6-412. Theft -- Classification of offenses -- Action for treble damages.
34 (1) Theft of property and services as provided in this chapter is punishable:
35 (a) as a second degree felony if the:
36 (i) value of the property or services is or exceeds $5,000;
37 (ii) property stolen is a firearm or an operable motor vehicle; or
38 (iii) property is stolen from the person of another;
39 (b) as a third degree felony if:
40 (i) the value of the property or services is or exceeds $1,500 but is less than $5,000;
41 (ii) the property is:
42 (A) a catalytic converter as defined under Section 76-6-1402; or
43 (B) 25 pounds or more of a suspect metal item as defined under Section 76-6-1402 if
44 the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
45 and is not a lead battery;
46 (iii) the value of the property or services is or exceeds $500 and the actor has been
47 twice before convicted of any of the following offenses, if each prior offense was committed
48 within 10 years before the date of the current conviction or the date of the offense upon which
49 the current conviction is based and at least one of those convictions is for a class A
50 misdemeanor:
51 (A) any theft, any robbery, or any burglary with intent to commit theft;
52 (B) any offense under Title 76, Chapter 6, Part 5, Fraud; or
53 (C) any attempt to commit any offense under Subsection (1)(b)(iii)(A) or (B);
54 (iv) (A) the value of property or services is or exceeds $500 but is less than $1,500;
55 (B) the theft occurs on a property where the offender has committed any theft within
56 the past five years; and
57 (C) the offender has received written notice from the merchant prohibiting the offender
58 from entering the property pursuant to Subsection 78B-3-108(4); or
59 (v) the actor has been previously convicted of a felony violation of any of the offenses
60 listed in Subsections (1)(b)(iii)(A) through (1)(b)(iii)(C), if the prior offense was committed
61 within 10 years before the date of the current conviction or the date of the offense upon which
62 the current conviction is based;
63 (c) as a class A misdemeanor if:
64 (i) the value of the property stolen is or exceeds $500 but is less than $1,500;
65 (ii) (A) the value of property or services is less than $500;
66 (B) the theft occurs on a property where the offender has committed any theft within
67 the past five years; and
68 (C) the offender has received written notice from the merchant prohibiting the offender
69 from entering the property pursuant to Subsection 78B-3-108(4); or
70 (iii) the actor has been twice before convicted of any of the offenses listed in
71 Subsections (1)(b)(iii)(A) through (1)(b)(iii)(C), if each prior offense was committed within 10
72 years before the date of the current conviction or the date of the offense upon which the current
73 conviction is based; or
74 (d) as a class B misdemeanor if the value of the property stolen is less than $500 and
75 the theft is not an offense under Subsection (1)(c).
76 (2) Any individual who violates Subsection 76-6-408(2) or 76-6-413(1), or commits
77 theft of a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack,
78 jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes, or a livestock
79 guardian dog, is civilly liable for three times the amount of actual damages, if any sustained by
80 the plaintiff, and for costs of suit and reasonable attorney fees.
81 Section 2. Coordinating H.B. 313 with H.B. 46 -- Substantive and technical
82 amendments.
83 If this H.B. 313 and H.B. 46, Criminal Code Recodification and Cross References, both
84 pass and become law, it is the intent of the Legislature that the Office of Legislative Research
85 and General Counsel prepare the Utah Code database for publication by amending:
86 (1) Subsection 76-6-404(3)(b)(ii) in H.B. 46 to read:
87 "(ii) the property is:
88 (A) a catalytic converter as defined under Section 76-6-1402; or
89 (B) 25 pounds or more of a suspect metal item as defined under Section 76-6-1402 if
90 the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
91 and is not a lead battery;";
92 (2) Subsection 76-6-404.5(3)(b)(ii) in H.B. 46 to read:
93 "(ii) the property is:
94 (A) a catalytic converter as defined under Section 76-6-1402; or
95 (B) 25 pounds or more of a suspect metal item as defined under Section 76-6-1402 if
96 the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
97 and is not a lead battery;";
98 (3) Subsection 76-6-405(3)(b)(ii) in H.B. 46 to read:
99 "(ii) the property is:
100 (A) a catalytic converter as defined under Section 76-6-1402; or
101 (B) 25 pounds or more of a suspect metal item as defined under Section 76-6-1402 if
102 the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
103 and is not a lead battery;";
104 (4) Subsection 76-6-406(3)(b)(ii) in H.B. 46 to read:
105 "(ii) the property is:
106 (A) a catalytic converter as defined under Section 76-6-1402; or
107 (B) 25 pounds or more of a suspect metal item as defined under Section 76-6-1402 if
108 the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
109 and is not a lead battery;";
110 (5) Subsection 76-6-407(3)(b)(ii) in H.B. 46 to read:
111 "(ii) the property is:
112 (A) a catalytic converter as defined under Section 76-6-1402; or
113 (B) 25 pounds or more of a suspect metal item as defined under Section 76-6-1402 if
114 the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
115 and is not a lead battery;";
116 (6) Subsection 76-6-408(3)(b)(ii) in H.B. 46 to read:
117 "(ii) the property is:
118 (A) a catalytic converter as defined under Section 76-6-1402; or
119 (B) 25 pounds or more of a suspect metal item as defined under Section 76-6-1402 if
120 the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
121 and is not a lead battery;";
122 (7) Subsection 76-6-410(3)(b)(ii) in H.B. 46 to read:
123 "(ii) the property is:
124 (A) a catalytic converter as defined under Section 76-6-1402; or
125 (B) 25 pounds or more of a suspect metal item as defined under Section 76-6-1402 if
126 the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
127 and is not a lead battery;"; and
128 (8) Subsection 76-6-602(3)(b)(ii) in H.B. 46 to read:
129 "(ii) the merchandise is:
130 (A) a catalytic converter as defined under Section 76-6-1402; or
131 (B) 25 pounds or more of a suspect metal item as defined under Section 76-6-1402 if
132 the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
133 and is not a lead battery;".