Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 379 (2017GS)

Sponsor

Rep. King, Brian S.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• removes the element of "armed with a dangerous weapon" from the second degree felony classification; and
• requires that the value of property taken in a third offense be valued at $500 or more.

Every vote on this bill

Bill text

CLASSIFICATION OF THEFT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brian S. King
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill modifies the theft statute.
Highlighted Provisions:
This bill:
▸ removes the element of "armed with a dangerous weapon" from the second degree
felony classification; and
▸ requires that the value of property taken in a third offense be valued at $500 or
more.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-412
, as last amended by Laws of Utah 2014, Chapter 255
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-6-412
 is amended to read:
76-6-412.
Theft -- Classification of offenses -- Action for treble damages.
(1) Theft of property and services as provided in this chapter is punishable:
(a) as a second degree felony if the:
(i) value of the property or services is or exceeds $5,000;
(ii) property stolen is a firearm or an operable motor vehicle; 
or
[
(iii) actor is armed with a dangerous weapon, as defined in Section 
76-1-601
, at the
time of the theft; or
]
[
(iv)
] 
(iii)
 property is stolen from the person of another;
(b) as a third degree felony if:
(i) the value of the property or services is or exceeds $1,500 but is less than $5,000;
(ii) 
the value of the property or services is or exceeds $500 and
 the actor has been twice
before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C),
if each prior offense was committed within 10 years of the date of the current conviction or the
date of the offense upon which the current conviction is based and at least one of those
convictions is for a class A misdemeanor:
(A) any theft, any robbery, or any burglary with intent to commit theft;
(B) any offense under Title 76, Chapter 6, Part 5, Fraud; or
(C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B);
(iii) in a case not amounting to a second degree felony, the property taken is a stallion,
mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine,
poultry, or a fur-bearing animal raised for commercial purposes; or
(iv) (A) the value of property or services is or exceeds $500 but is less than $1,500;
(B) the theft occurs on a property where the offender has committed any theft within
the past five years; and
(C) the offender has received written notice from the merchant prohibiting the offender
from entering the property pursuant to Section 
78B-3-108
;
(v) the actor has been twice before convicted of any of the offenses listed in
Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10
years of the date of the current conviction or the date of the offense upon which the current
conviction is based and the value of the property stolen is or exceeds $500 but is less than
$1,500; or
(vi) the actor has been previously convicted of a felony violation of any of the offenses
listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C);
(c) as a class A misdemeanor if:
(i) the value of the property stolen is or exceeds $500 but is less than $1,500;
(ii) (A) the value of property or services is less than $500;
(B) the theft occurs on a property where the offender has committed any theft within
the past five years; and
(C) the offender has received written notice from the merchant prohibiting the offender
from entering the property pursuant to Section 
78B-3-108
; or
(iii) the actor has been twice before convicted of any of the offenses listed in
Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10
years of the date of the current conviction or the date of the offense upon which the current
conviction is based; or
(d) as a class B misdemeanor if the value of the property stolen is less than $500 and
the theft is not an offense under Subsection (1)(c).
(2) Any individual who violates Subsection 
76-6-408
(1) or Section 
76-6-413
, or
commits theft of property described in Subsection 
76-6-412
(1)(b)(iii), is civilly liable for three
times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and
reasonable attorney fees.