Stolen goods; person guilty of larceny if knowledge of property buying or receiving is stolen. (HB159)

Introduced By

Del. Dave Albo (R-Springfield)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Proof that property is stolen. Provides that if a law-enforcement officer tells a person in possession of stolen property that the property is stolen, the person shall be charged with the knowledge that the property is stolen. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
12/21/2007Committee
12/21/2007Prefiled and ordered printed; offered 01/09/08 086904404
12/21/2007Referred to Committee for Courts of Justice
01/02/2008Impact statement from VCSC (HB159)
01/10/2008Assigned Courts sub: Criminal
02/01/2008Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
02/01/2008Referred to Committee on Appropriations
02/04/2008Committee substitute printed 080861404-H1
02/04/2008Impact statement from VCSC (HB159H1)
02/04/2008Impact statement from DPB (HB159)
02/05/2008Assigned App. sub: Public Safety (Sherwood)
02/05/2008Impact statement from DPB (HB159H1)
02/08/2008Reported from Appropriations (24-Y 0-N) (see vote tally)
02/09/2008Read first time
02/11/2008Read second time
02/11/2008Committee substitute agreed to 080861404-H1
02/11/2008Engrossed by House - committee substitute HB159H1
02/12/2008Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/12/2008VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/12/2008Communicated to Senate
02/13/2008Constitutional reading dispensed
02/13/2008Referred to Committee for Courts of Justice
02/14/2008Assigned Courts sub: Criminal
02/25/2008Reported from Courts of Justice with amendment (13-Y 0-N)
02/26/2008Constitutional reading dispensed (40-Y 0-N)
02/27/2008Read third time
02/27/2008Reading of amendment waived
02/27/2008Committee amendment agreed to
02/27/2008Engrossed by Senate as amended
02/27/2008Passed Senate with amendment (40-Y 0-N)
02/28/2008Placed on Calendar
02/29/2008Senate amendment agreed to by House (98-Y 0-N)
02/29/2008VOTE: --- ADOPTION (98-Y 0-N)
03/04/2008Enrolled
03/04/2008Bill text as passed House and Senate (HB159ER)
03/05/2008Impact statement from VCSC (HB159ER)
03/05/2008Signed by Speaker
03/06/2008Impact statement from DPB (HB159ER)
03/06/2008Signed by President
03/12/2008G Approved by Governor-Chapter 578 (effective 7/1/08)
03/18/2008G Acts of Assembly Chapter text (CHAP0578)

Comments

Waldo Jaquith writes:

This sounds like a terrible idea. If I buy a bike from some guy on Craigslist, a cop could knock in my front door, tell me that the bike is stolen, and then charge me with knowingly possessing stolen property because he just told me?

Craig writes:

Huh? This might be the dumbest bill submitted so far this year. In fact, it might be the dumbest bill I have ever read... can someone point me to a bill that is even dumber than this?

Waldo Jaquith writes:

After reading the full text of this bill, I do believe that we're not substantially misunderstanding it. I've chopped out the confusing bits and rearranged the language to simplify what the bill says, and I'm left with this:

"[T]he person...as a result of receiving...a representation made by a law-enforcement officer...as to the nature of the property [as stolen]...[constitutes] proof of knowledge that property is stolen."

Since that would supplement §18.2-109, I think this affects only a "vehicle, aircraft, boat or vessel" that's been stolen. But while that narrows the scope of the bill, it renders it no less foolish.

cook writes:

This is indeed a strange proposal and must have been prompted by bizarre facts in a recent case. No, Waldo, the proposed bill is not limited to vehicles, etc; by its own terms it applies to the entire larceny article (sections 18.2-95 through 18.2-110).

The effect of the proposal, as I read it, is this: an officer knocks on your door and tells you the bike is stolen. If thereafter you refuse to surrender your bike to the officer, you are then in knowing possession of stolen property.

[For those who care, knowing possession of stolen property is not technically a crime, but that is how 18.2-109 is often read and prosecuted. 18.2-109 actually prohibits (a) knowing receipt or purchase of stolen property and (b)concealing stolen property.]

signal writes:

Well, this is one that should never make it any further than the paper its written on. We must have a little more evidence than the word of an officer who is taking the word of someone else.