Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 313 First Substitute (2023GS)

Sponsor

Rep. Jack, C.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides an increased penalty for certain metal thefts; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SUSPECT METAL AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Colin W. Jack
Senate Sponsor: 
Derrin R. Owens
LONG TITLE
General Description:
This bill concerns the theft of certain types of property.
Highlighted Provisions:
This bill:
▸ provides an increased penalty for certain metal thefts; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
76-6-412
, as last amended by Laws of Utah 2022, Chapter 201
Utah Code Sections Affected by Coordination Clause:
 76-6-404
, as enacted by Laws of Utah 1973, Chapter 196
 76-6-404.5
, as last amended by Laws of Utah 2001, Chapter 48
 76-6-405
, as last amended by Laws of Utah 2012, Chapter 156
 76-6-406
, as last amended by Laws of Utah 2022, Chapter 164
 76-6-407
, as enacted by Laws of Utah 1973, Chapter 196
 76-6-408
, as last amended by Laws of Utah 2022, Chapter 201
 76-6-410
, as enacted by Laws of Utah 1973, Chapter 196
 76-6-602
, as enacted by Laws of Utah 1979, Chapter 78
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) 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 property is
:
(A)
 a catalytic converter as defined under Section 
76-6-1402
; 
or
(B) 25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if
the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
and is not a lead battery;
(iii) the value of the property or services is or exceeds $500 and the actor has been
twice before convicted of any of the following offenses, if each prior offense was committed
within 10 years before 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)(iii)(A) or (B);
(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 Subsection 
78B-3-108
(4); or
(v) the actor has been previously convicted of a felony violation of any of the offenses
listed in Subsections (1)(b)(iii)(A) through (1)(b)(iii)(C), if the prior offense was committed
within 10 years before the date of the current conviction or the date of the offense upon which
the current conviction is based;
(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 Subsection 
78B-3-108
(4); or
(iii) the actor has been twice before convicted of any of the offenses listed in
Subsections (1)(b)(iii)(A) through (1)(b)(iii)(C), if each prior offense was committed within 10
years before 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(2) or 
76-6-413
(1), or commits
theft of 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 a livestock
guardian dog, 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.
Section 2. 
 Coordinating H.B. 313 with H.B. 46 -- Substantive and technical
amendments.
If this H.B. 313 and H.B. 46, Criminal Code Recodification and Cross References, both
pass and become law, it is the intent of the Legislature that the Office of Legislative Research
and General Counsel prepare the Utah Code database for publication by amending:
(1) Subsection 76-6-404(3)(b)(ii) in H.B. 46 to read:
"(ii) the property is:
(A) a catalytic converter as defined under Section 
76-6-1402
; or
(B) 25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if
the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
and is not a lead battery;";
(2) Subsection 76-6-404.5(3)(b)(ii) in H.B. 46 to read:
"(ii) the property is:
(A) a catalytic converter as defined under Section 
76-6-1402
; or
(B) 25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if
the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
and is not a lead battery;";
(3) Subsection 76-6-405(3)(b)(ii) in H.B. 46 to read:
"(ii) the property is:
(A) a catalytic converter as defined under Section 
76-6-1402
; or
(B) 25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if
the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
and is not a lead battery;";
(4) Subsection 76-6-406(3)(b)(ii) in H.B. 46 to read:
"(ii) the property is:
(A) a catalytic converter as defined under Section 
76-6-1402
; or
(B) 25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if
the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
and is not a lead battery;";
(5) Subsection 76-6-407(3)(b)(ii) in H.B. 46 to read:
"(ii) the property is:
(A) a catalytic converter as defined under Section 
76-6-1402
; or
(B) 25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if
the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
and is not a lead battery;";
(6) Subsection 76-6-408(3)(b)(ii) in H.B. 46 to read:
"(ii) the property is:
(A) a catalytic converter as defined under Section 
76-6-1402
; or
(B) 25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if
the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
and is not a lead battery;";
(7) Subsection 76-6-410(3)(b)(ii) in H.B. 46 to read:
"(ii) the property is:
(A) a catalytic converter as defined under Section 
76-6-1402
; or
(B) 25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if
the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
and is not a lead battery;"; and
(8) Subsection 76-6-602(3)(b)(ii) in H.B. 46 to read:
"(ii) the merchandise is:
(A) a catalytic converter as defined under Section 
76-6-1402
; or
(B) 25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
 if
the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper
and is not a lead battery;".