OLR Bill Analysis

HB 6576

AN ACT CONCERNING LARCENY.

SUMMARY:

By law, a person can commit larceny in a number of different ways and the law provides six degrees of larceny crimes, with penalties varying in most instances based on the value of the property taken. This bill doubles most, but not all, of the values of the property which must be taken to commit each of the six degrees of larceny crimes.

It also affects other statutes that refer to the larceny statutes for the penalties for taking property, including health insurance fraud (CGS § 53-443) and collecting fees for medical discount plan membership without providing promised benefits (CGS § 38a-479qq).

EFFECTIVE DATE: October 1, 2009

1ST DEGREE LARCENY

Under current law, a person commits 1st degree larceny by taking (1) property or service over $ 10,000 or (2) a motor vehicle valued at over $ 10,000. The bill increases the minimum value of the property, service, or motor vehicle required to $ 20,000.

By law, a person also commits 1st degree larceny by taking (1) property or service of any value by extortion or (2) property over $ 2,000 by defrauding a public community.

By law, 1st degree larceny is a class B felony punishable by up to 20 years in prison, a fine of up to $ 15,000, or both.

2ND DEGREE LARCENY

Under current law, a person commits 2nd degree larceny by taking (1) property or service over $ 5,000 or (2) a motor vehicle valued at over $ 5,000. The bill increases the minimum value of the property, service, or motor vehicle required to $ 10,000.

By law, a person also commits 2nd degree larceny by taking (1) property of any nature or value from someone's person; (2) property valued at $ 2,000 or less by defrauding a public community; and (3) property of any value by embezzlement, false pretenses, or false promise when the victim is age 60 or older, blind, or physically disabled.

By law, 2nd degree larceny is a class C felony punishable by up to 10 years in prison, a fine of up to $ 10,000, or both.

3RD DEGREE LARCENY

Under current law, a person commits 3rd degree larceny by taking (1) property or service over $ 1,000 or (2) a motor vehicle valued at $ 5,000 or less. The bill increases the required minimum value of the property or service to $ 2,000 and the maximum value of the motor vehicle to $ 10,000.

By law, a person also commits 3rd degree larceny by taking (1) a public record or instrument from a public office or public servant or (2) a sample, microorganism, record, drawing, material, device, or substance related to a secret scientific or technical process, invention, or formula.

By law, 3rd degree larceny is a class D felony punishable by up to five years in prison, a fine of up to $ 5,000, or both.

4TH DEGREE LARCENY

The bill increases the minimum value of property or service that must be taken to commit 4th degree larceny from $ 500 to $ 1,000.

By law, 4th degree larceny is a class A misdemeanor punishable by up to one year in prison, a fine of up to $ 2,000, or both.

5TH DEGREE LARCENY

The bill increases the minimum value of property or service that must be taken to commit 5th degree larceny from $ 250 to $ 500.

By law, 5th degree larceny is a class B misdemeanor punishable by up to six months in prison, a fine of up to $ 1,000, or both.

6TH DEGREE LARCENY

The bill increases the maximum value of property or service that must be taken to commit 6th degree larceny from $ 250 to $ 500.

By law, 6th degree larceny is a class C misdemeanor punishable by up to three months in prison, a fine of up to $ 500, or both.

BACKGROUND

Related Bill

SB 1128, favorably reported by the Judiciary Committee, makes taking wire, cable, or other telecommunications service equipment and causing an interruption in emergency telecommunications service 2nd degree larceny regardless of the value of the property.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

41

Nay

1

(03/27/2009)