Bill Summary – FastDemocracy

Enrolled Copy                                                        H.B. 313
                            SUSPECT METAL AMENDMENTS
                                     2023 GENERAL SESSION
                                          STATE OF UTAH
                                Chief Sponsor: Colin W. Jack
                               Senate Sponsor: Derrin R. Owens
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 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
       H.B. 313                                                                        Enrolled Copy
30
 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
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       Enrolled Copy                                                                               H.B. 313
 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:
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        H.B. 313                                                                    Enrolled Copy
         (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
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        Enrolled Copy                                                                      H.B. 313
 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;".
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Statutes affected: 
H.B. 313 1st Substitute (Not Adopted) Text: 76-6-412
Enrolled: 76-6-412
Introduced: 76-6-412