SB 0094 Changes felony stealing laws and revises certain criminal procedures
LR Number:L0140.09C Fiscal Note:0140-09
Committee:Civil and Criminal Jurisprudence
Last Action:05/04/99 - HCS Reported Do Pass H Criminal Law Committee Journal page:H1719
Title:HCS SS SCS SB 94
Effective Date:August 28, 1999
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Current Bill Summary

HCS/SS/SCS/SB 94 - This act amends provisions regarding stealing and receiving stolen property. If the item stolen has a value of $500 or more, stealing is a Class C felony. If the item is worth less than $150 and is intended for use with methamphetamine, stealing is a Class D felony. The theft or attempt to steal anhydrous ammonia worth less than $500 is a Class D felony; if the anhydrous ammonia has value of $500 or more, it is a Class C felony. Receiving stolen property is a Class A misdemeanor unless the value of the item is $500 or more, in which case it is a Class C felony.

The act revises the definition of "value" for stealing crimes, to reflect the normal retail price of an item stolen from a merchant. A person commits the crime of stealing by using or altering a retail sales receipt with the intent to defraud a retailer.

The act lengthens the amount of time a suspect may be held without warrant from 20 to 48 hours for charges of murder in the first or second degree, assault in the first degree, forcible rape, forcible sodomy, first degree robbery, and distribution of drugs. Every person held without warrant shall be permitted access to counsel. Any violation is a Class A misdemeanor.

The act raises the administrative costs a prosecutor may charge for handling a bad check case to $25, and an additional fee of 10% of the face amount for checks of $100 or more, up to $50 maximum charge. A prosecutor shall also collect a reasonable service charge which shall be returned to the victim. Any financial institution may assess a service charge not to exceed $30 for each bad check that it does not refer to a prosecutor, in addition to the actual charge by the institution.

The act also clarifies the definition of a cigarette and package of cigarettes for cigarette tax laws. No tax stamp may be affixed to any package of cigarettes unless certain federal requirements are met, or the package is labeled as not intended for sale inside the United States or has a label that has been altered. Violation is a Class D felony. The Department of Revenue may revoke a wholesale license of a person in violation of these provisions, and may seize the items involved. A violation is deemed a deceptive act or practice.