Retail theft

AN ACT Relating to restoring public order and protecting families 1
and communities by strengthening consequences for repeat theft and 2
related property offenses and allowing limited court-supervised 3
alternatives when they reduce reoffending; adding a new chapter to 4
Title 9A RCW; prescribing penalties; and providing an effective date.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. LEGISLATIVE FINDINGS AND INTENT. (1) The 7
legislature finds that repeat theft and related property offenses 8
have imposed significant and growing costs on Washington businesses, 9
working families, and taxpayers. While these crimes are often 10
classified as nonviolent, they are not victimless. Repeat offenders 11
and organized theft rings harm local employers, increase prices for 12
consumers, threaten retail employees, and reduce public confidence 13
that basic standards of conduct will be enforced.14
(2) The legislature further finds that widespread theft and 15
repeat offending have contributed to the closure of grocery stores, 16
pharmacies, and other essential retail in certain neighborhoods. 17
These closures reduce access to food, medicine, and basic household 18
goods and can create or worsen food deserts, particularly for low-19
income families, seniors, and residents without reliable 20
transportation. Businesses report that theft occurs daily, losses 21
H-3319.2
HOUSE BILL 2729
State of Washington 69th Legislature 2026 Regular Session
By Representatives Griffey, Leavitt, Richards, Jacobsen, Ley, Keaton,
Stuebe, Nance, and Pollet
Read first time 02/05/26. Referred to Committee on Community Safety.
p. 1 HB 2729
have become unsustainable, and reporting often results in little or 1
no action, causing many stores to reduce reporting, absorb losses, 2
relocate, or close. 3
(3) Therefore, the intent of this act is to restore public order 4
and protect communities by strengthening tools for courts to deter 5
repeat theft, to protect access to essential retail services, and to 6
allow structured alternatives such as court-supervised treatment when 7
they are likely to reduce reoffending and are enforced with strict 8
compliance requirements. 9
NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this 10
section apply throughout this chapter unless the context clearly 11
requires otherwise:12
(1) "Community-safety crime" means a nonviolent misdemeanor or 13
gross misdemeanor offense that, when committed repeatedly, poses 14
risks to public safety, family stability, neighborhood well-being, or 15
economic security. These include, but are not limited to:16
(a) Theft in the third degree (RCW 9A.56.050);17
(b) Possessing stolen property in the third degree (RCW 18
9A.56.170); and 19
(c) Malicious mischief in the third degree (RCW 9A.48.090).20
(2) "Repeat offender" means a person aged 18 or older who has 21
been convicted of two or more community-safety crimes within two 22
years prior to the current offense. 23
(3) "Diversion program" means a court-recognized alternative to 24
incarceration that includes access to behavioral health care, 25
substance use treatment, housing, employment support, or other 26
services addressing the underlying causes of recidivism.27
NEW SECTION. Sec. 3. STRUCTURED ACCOUNTABILITY FOR COMMUNITY-28
SAFETY CRIMES. (1) A person convicted of a community-safety crime who 29
is determined to be a repeat offender as defined in section 2 of this 30
act, shall be subject to imprisonment for not less than 30 days nor 31
more than 364 days, and by a fine of not more than $5,000.32
(2) The court shall not suspend or defer the mandatory minimum 33
sentence under this section, except as provided in subsection (3) of 34
this section. 35
(3) Diversion preference: The court shall prioritize diversion 36
over incarceration when appropriate, consistent with public safety, 37
and in recognition of statewide best practices. The court may stay 38
p. 2 HB 2729
execution of the sentence if the individual voluntarily enters into 1
and successfully completes a court-approved diversion program.2
(4) If the individual fails to complete the diversion program, 3
the court shall impose the applicable mandatory minimum sentence 4
under this section. 5
(5) Nothing in this section shall be construed to limit law 6
enforcement discretion prior to charging, provided that this 7
subsection does not apply to individuals who qualify as repeat 8
offenders under this section. 9
(6) Nothing in this section shall prohibit the court from 10
imposing a sentence above the mandatory minimum where otherwise 11
permitted by law. 12
NEW SECTION. Sec. 4. IMPLEMENTATION AND SUPPORT. (1) This act 13
applies to offenses committed on or after July 1, 2026.14
(2) The administrative office of the courts shall develop 15
statewide guidance on diversion program eligibility, referral 16
pathways, and outcomes tracking, with attention to local resource 17
availability and equitable access. 18
NEW SECTION. Sec. 5. RULE MAKING. The supreme court or the 19
administrative office of the courts may adopt administrative rules to 20
support consistent implementation.21
NEW SECTION. Sec. 6. CODIFICATION. Sections 1 through 5, 7, and 22
9 of this act constitute a new chapter in Title 9A RCW.23
NEW SECTION. Sec. 7. This act shall be known and cited as the 24
retail theft accountability act.25
NEW SECTION. Sec. 8. SEVERABILITY. If any provision of this act 26
or its application to any person or circumstance is held invalid, the 27
remainder of the act or the application of the provision to other 28
persons or circumstances is not affected.29
NEW SECTION. Sec. 9. EFFECTIVE DATE. This act takes effect July 30
1, 2026.31
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