This Amendment to House Bill No.

Plain English Breakdown

The specific dollar thresholds that trigger felony charges are not defined in this amendment; they depend on other laws referenced but not detailed here.

Amendment Clarifying Theft Aggregation Rules

This amendment updates House Bill No. 276 to define what counts as a 'course of conduct' when combining related thefts into one charge and sets rules for proving this in court.

What This Bill Does

• Defines 'course of conduct' as either a pattern of actions showing a single purpose based on timing, location, and intent, or a continuous plan to steal.
• Allows courts with statewide jurisdiction to combine related thefts from different parts of the state into one charge if they prove a course of conduct exists.
• Requires prosecutors to prove beyond a reasonable doubt that a course of conduct exists when combining thefts raises the crime level to a felony or higher.

Who It Names or Affects

• People accused of committing multiple related thefts
• Prosecutors charging individuals with aggregated theft offenses
• Courts handling criminal or delinquency cases across the state

Terms To Know

Course of conduct

A pattern of actions made up of more than one act over time that shows a single purpose based on timing, location, and intent; or a continuous plan to steal.

Aggregation

Combining the value of multiple related thefts into one total amount for charging purposes.

Limits and Unknowns

• The text does not specify which exact dollar amounts trigger a felony charge.
• The amendment lists timing, location, and intent as factors to judge purpose but does not provide specific examples of these factors.

Official Summary Text

This Amendment to House Bill No. 276 clarifies the definition of a course of conduct for purposes of aggregating related thefts into a single charge. This Amendment also clarifies that if the aggregation of related thefts into a single charge results in an aggregated value of the stolen property reaching a threshold that enhances the charge to a felony or higher class of felony, the existence of a course of conduct is an element of the offense that must be proven beyond a reasonable doubt.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Cooke

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 276

AMEND House Bill No. 276 on line 16 by deleting "

persons

" as it appears therein and inserting in lieu thereof "

persons, subject to §§ 271 through 275 of this title,

".

FURTHER AMEND House Bill No. 276 on lines 17 to 20 by deleting "

A continuing course of conduct is a pattern of actions composed of more than 1 act over a period of time, regardless of duration. Acts indicating a course of conduct that occur in more than 1 jurisdiction of this State may be used by any other jurisdiction in which an act occurred as

evidence of a continuing pattern of conduct or a course of conduct.

" as it appears therein.

FURTHER AMEND House Bill No. 276 by inserting the following after line 20 and redesignating accordingly:

"

(5) For purposes of this section, “course of conduct” means one of the following:

a. A pattern of actions composed of more than 1 act over a period of time, evidencing a singular continuity of purpose as assessed through the factors of timing, location, and intent.

b. A larcenous scheme or plan that constitutes a continuous transaction.

(6) To the extent that related thefts that occurred in more than 1 jurisdiction of this State may prove a course of conduct, those thefts may be aggregated for prosecution in any court with statewide criminal or delinquency jurisdiction to hear the charged offense.

(7) If the aggregation of related thefts into a single charge may result in the aggregated value of the property received, retained, or disposed of reaching a threshold that enhances the charge to felony or a higher class of felony, the existence of a course of conduct is an element of the offense that must be proven beyond a reasonable doubt.

".

SYNOPSIS

This Amendment to House Bill No. 276 clarifies the definition of a course of conduct for purposes of aggregating related thefts into a single charge. This Amendment also clarifies that if the aggregation of related thefts into a single charge results in an aggregated value of the stolen property reaching a threshold that enhances the charge to a felony or higher class of felony, the existence of a course of conduct is an element of the offense that must be proven beyond a reasonable doubt.