HCS SCS SB 69 & 458 -- STEALING OFFENSES

SPONSOR:  Gross (Hosmer)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 10 to 0.

This substitute makes several changes to Missouri theft
statutes.  In its main provisions, the substitute:

(1)  Defines value of the item stolen, in cases where the victim
is a merchant (Section 570.020, RSMo);

(2)  Makes both stealing and receiving stolen property class A
misdemeanors if the value of property or services is $500 or
less, a class D felony if the value is more than $500 but not
more than $1,000, and a class C felony if the value is more than
$1,000.  Currently, stealing is a class A misdemeanor for
property valued less than $750 and a class C felony for property
valued at $750 or more.  Receiving stolen property is a class A
misdemeanor for property valued less than $150 and a class C
felony for property valued at $150 or more (Sections 570.030 and
570.080); and

(3)  Makes several changes to the crime of passing bad checks.
The substitute allows the prosecuting attorney to charge, in
addition to any other costs and fees, an administrative handling
cost of $25 per bad check.  If the bad check is for $100 or
more, an additional fee of 10% of the check may be assessed, not
to exceed $50.  Currently, prosecutors may recover
administrative handling costs of $5 for checks less than $10;
$10 for checks of $10, but less than $100; and $25 for checks of
$100 or more.  The substitute also requires the prosecutor to
collect from the issuer of a bad check a reasonable service
charge to turn over to the recipient of the bad check.
Currently, this is a discretionary duty.  If a check is
dishonored but not referred to the prosecutor, the substitute
allows the recipient to collect from the issuer the face amount
of the check, a reasonable service charge not to exceed $30, and
an amount equal to the charge by the bank for the return of each
check (Section 570.120).

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the bill is necessary to unify
Missouri's stealing and receiving stolen property laws and to
curb existing problems with theft and bad check passing.

Testifying for the bill were Senator Gross; and Missouri
Retailers Association.

OPPONENTS:  There was no opposition voiced to the committee.

Greg Linhares, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am