HCS HB 498 -- AUTO THEFT

SPONSOR:  Lipke (Kratky)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 11 to 0.

This substitute changes the laws regarding the crimes of
stealing, tampering, and receiving stolen property.  The
substitute:

(1)  Allows the court to order restitution be paid to the victim
of tampering or auto theft, including the victim's insurance
deductible payment, towing and storage fees, and any reasonable
expenses incurred by the victim in prosecuting the offense;

(2)  Prohibits the court or the Board of Probation and Parole
from releasing a person early from probation or parole if the
person has failed to pay restitution;

(3)  Makes evidence of prior acts of tampering admissible to
prove the requisite knowledge or belief in a current tampering
case;

(4)  Makes tampering in the second degree a class C felony when
the person has a prior conviction for tampering in the first or
second degree, auto theft, or receiving stolen property;

(5)  Expands the crime of stealing to include obtaining control
over property or services under circumstances that a reasonable
person would know it was stolen and clarifies that the crime
occurs when undercover police are posing as the sellers of stolen
property; and

(6)  Makes auto theft a class B felony when the person has two
prior convictions for stealing-related offenses.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Less than
$100,000 in FY 2006, FY 2007, and FY 2008.  No impact on Other
State Funds in FY 2006, FY 2007, and FY 2008.

PROPONENTS:  Supporters say that auto theft is a growing problem
in urban areas, in part because victims have little incentive to
spend time assisting the prosecution of the crime.  The bill
allows the victim's prosecution expenses to be included in the
restitution ordered by the court.  The bill gives prosecutors
better tools to prosecute these crimes by allowing evidence of
prior stealing and tampering charges and increases the penalties
for repeat offenders.  Besides the costs incurred by everyone
through higher insurance premiums, auto theft is often a
precursor to other crimes, such as drug dealing and robbery.  We
have seen criminals progress from stealing parked cars to
hijacking cars at gunpoint.  Every year, people are killed and
others seriously injured in accidents involving stolen vehicles.

Testifying for the bill were Representatives Kratky and Vogt; St.
Louis Downtown Partnership; St. Louis City Police Department;
Office of the Mayor of the City of St. Louis; Missouri Sheriffs
Association; James Murphy, City of St. Louis; St. Louis County
Police Department; Missouri Insurance Coalition; Missouri Auto
Dealers Association; and Enterprise Rent-a-Car.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:19 pm