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HB0112 • 2023

Theft-penalty for fifth or subsequent offense.

AN ACT relating to crimes and offenses; establishing separate felony penalties for fifth or subsequent theft offenses; making conforming amendments; and providing for an effective date.

Crime
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Oakley
Last action
2023-02-15
Official status
enrolled
Effective date
7/1/2023

Plain English Breakdown

The official summary does not provide specific details on how to count previous theft offenses for determining if an offender is facing their fifth or subsequent offense.

Penalties for Repeated Theft

This law makes a fifth or any later theft offense a felony, punishable by up to ten years in prison and/or a fine of up to $10,000.

What This Bill Does

  • Changes the penalty for someone who commits their fifth or any subsequent theft offense to make it a felony.
  • Sets the punishment for this new felony at up to ten years in prison, a fine of up to $10,000, or both.

Who It Names or Affects

  • People who commit theft crimes
  • Courts that handle these cases

Terms To Know

Felony
A serious crime that can lead to a prison sentence of more than one year.

Limits and Unknowns

  • The law does not specify how previous theft offenses are counted.
  • It is unclear if the new penalties apply to thefts that happened before July 1, 2023.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0112H2001

2nd reading • Representative Western

Failed

Plain English: The amendment changes the wording to allow for a charge rather than a certainty of guilt for certain theft offenses.

  • Changes 'shall be guilty of' to 'may be charged with', allowing more discretion in charging fifth or subsequent theft offenses.
  • The amendment does not specify the exact circumstances under which charges may or may not be brought, leaving some uncertainty about its practical application.
HB0112H2002

2nd reading • Representative Provenza

Failed

Plain English: The amendment changes the definition of a fifth or subsequent theft offense to require that these offenses must occur within a three-year time period.

  • Adds a requirement that for an offense to be considered a fifth or subsequent theft, it must happen within three years after any previous theft.
  • The amendment text does not specify how this change will affect existing laws or penalties beyond the time period mentioned.
  • It is unclear what happens if there are multiple theft offenses but they do not all occur within a three-year window.
HB0112H2003

2nd reading • Representative Conrad

Withdrawn

Plain English: The amendment modifies a bill that deals with penalties for theft by adding a condition that if someone steals property worth $1,000 or more on their fifth offense or later, they will face separate felony penalties.

  • Adds the requirement that the value of stolen property must be at least $1,000 to trigger the new felony penalty for a fifth or subsequent theft offense.
  • The amendment text does not specify what the exact penalties are beyond stating they will be separate felonies. It also doesn't clarify if this applies only in cases where the value of stolen property is $1,000 or more for all previous offenses as well.
HB0112H2004

2nd reading • Representative Oakley

Adopted

Plain English: The amendment adds language to the bill that allows separate legal proceedings for each theft offense if a person commits their fifth or any subsequent theft.

  • Adds new wording after 'jurisdiction' in the bill text, inserting 'separately brought and tried'.
  • The amendment's impact on existing legal procedures is not detailed.
HB0112H3001

3rd reading • Representative Olsen

Failed

Plain English: The amendment changes the definition of a fifth or subsequent theft offense to require that these offenses must occur within a ten-year time period.

  • Adds a requirement that for an offense to be considered a fifth or subsequent theft, it must happen within ten years after previous thefts.
  • The amendment text does not specify how this change will affect existing laws or penalties beyond the definition of repeat offenses.
  • It is unclear what specific changes are made conforming to other parts of the bill as described in the summary.
HB0112H3002

3rd reading • Representative Provenza

Withdrawn

Plain English: The amendment removes previous language and adds that a fifth or subsequent theft offense must occur within a five-year time period to qualify for separate felony penalties.

  • Removes the previously added language about a third reading amendment (HB0112H3001/A).
  • Adds new language requiring that a fifth or subsequent theft offense must happen within a five-year period to be eligible for separate felony penalties.
  • The exact nature of the removed language is not provided, so its content and impact are unclear.
  • It's unknown how this amendment will affect existing theft cases or sentencing guidelines beyond what is stated.
HB0112H3003

3rd reading • Representative Oakley

Withdrawn

Plain English: The amendment changes the bill to apply separate felony penalties for third or subsequent theft offenses instead of fifth or subsequent.

  • Changes 'fifth' to 'third' in the catch title where the bill describes when separate felony penalties would be applied for theft offenses.
  • Modifies line 2 on page 1 and line 2 on page 2 by changing 'fifth' to 'third', indicating that third or subsequent theft offenses will now trigger separate felony penalties.
  • The amendment does not provide details about what specific changes are made to the penalties for third offenses, only that it alters when these enhanced penalties apply.

Bill History

  1. 2023-02-15 LSO

    Assigned Chapter Number 7

  2. 2023-02-15 Governor

    Governor Signed HEA No. 0001

  3. 2023-02-14 Senate

    S President Signed HEA No. 0001

  4. 2023-02-13 House

    H Speaker Signed HEA No. 0001

  5. 2023-02-09 LSO

    Assigned Number HEA No. 0001

  6. 2023-02-09 Senate

    S 3rd Reading:Passed 28-3-0-0-0

  7. 2023-02-08 Senate

    S 2nd Reading:Passed

  8. 2023-02-07 Senate

    S COW:Passed

  9. 2023-02-03 Senate

    S Placed on General File

  10. 2023-02-03 Senate

    S01 - Judiciary:Recommend Do Pass 5-0-0-0-0

  11. 2023-01-31 Senate

    S Introduced and Referred to S01 - Judiciary

  12. 2023-01-26 Senate

    S Received for Introduction

  13. 2023-01-26 House

    H 3rd Reading:Passed 54-7-1-0-0

  14. 2023-01-25 House

    H 2nd Reading:Passed

  15. 2023-01-24 House

    H COW:Passed

  16. 2023-01-20 House

    H Placed on General File

  17. 2023-01-20 House

    H01 - Judiciary:Recommend Do Pass 8-1-0-0-0

  18. 2023-01-17 House

    H Introduced and Referred to H01 - Judiciary

  19. 2023-01-11 House

    H Received for Introduction

  20. 2023-01-11 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 23LSO-0553
Bill No.:

HB0112

Effective:

7/1/2023

LSO No.:

23LSO-0553

Enrolled Act No.:

HEA No. 0001

Chapter No.:

7

Prime Sponsor:

Oakley

Catch Title:

Theft-penalty for fifth or subsequent offense.

Subject:

Amending the penalty for a fifth or subsequent theft offense.

Summary/Major Elements:

Generally, a conviction for theft is punishable as a misdemeanor or a felony, depending on the type of theft and the amount of property at issue.

This act provides that any person who is convicted of a fifth or subsequent theft offense (regardless of whether the previous offenses were felonies or misdemeanors) is guilty of a felony punishable by not more than ten (10) years' imprisonment, a fine of not more than ten thousand dollars ($10,000.00), or both.

For purposes of the enhanced penalty provided in this act, a theft offense includes a conviction for theft, shoplifting, larceny, wrongful taking of property, wrongful disposal of property, livestock rustling, a municipal theft offense or a substantially similar theft offense from another jurisdiction.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
23LSO-0553

ORIGINAL House

Bill No
.
HB0112

ENROLLED ACT NO. 1,

HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

AN ACT relating to crimes and offenses; establishing separate felony penalties for fifth or subsequent theft offenses; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 6
‑
3
‑
402(c)(intro) and by creating a new subsection (j) is amended to read:

6
‑
3
‑
402.

Theft; penalties.

(c)

Except as provided in
subsection
subsections
(g)
and (j)
of this section, theft is:

(j)

Any person convicted of a fifth or subsequent offense for theft, shoplifting, larceny, wrongful taking of property, wrongful disposal of property or livestock rustling, any other theft offense under this section, any theft offense under a municipal ordinance or any theft offense pursuant to a substantially similar law of another jurisdiction separately brought and tried shall be guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.

Section 2
.

This act is effective July 1, 2023
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1