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Committee tables bill clarifying livestock‑larceny penalties after amendment discussions
Summary
A bill proposed clarifications to the criminal code’s treatment of livestock theft and firearm theft and would have enabled prosecutors to charge in the aggregate; after debate over stacking penalties and aligning felony tiers, the committee accepted friendly drafting changes but ultimately voted to table the bill for further work.
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Senator Ezell presented Senate Bill 381 to clarify the criminal code’s treatment of livestock theft and to define certain terms such as “livestock” and “head of livestock.” The sponsor said the measure responded to judicial questions about how prosecutors should charge thefts involving multiple animals and noted that the economic value of livestock can be substantial — a bred cow worth roughly $2,800 per head and even pull‑type chickens valued at more than $40 each in current market conditions.
Committee members raised concerns about the bill’s sentencing scheme and the potential to “stack” multiple theft counts in a way that could produce penalties disproportionate to comparable thefts under current law (the transcript referenced the “single larceny doctrine” and case law the judiciary had relied on). Senators and the bill sponsor discussed drafting fixes: changing felony tiers so penalties align with existing theft statutes (for example, ensuring the tier for a single item corresponds to fourth degree, then third, then second in increasing value bands) and removing a paragraph that created an explicit stacking provision.
The sponsor accepted friendly drafting changes to correct tiering language and to strike the paragraph that would have authorized stacking separate counts for each head in certain circumstances. After additional discussion about firearms valuation and proportionality with other theft offenses, a motion to table the bill passed; senators asked the sponsor and staff to refine the draft and return to committee with clearer, proportionate sentencing language aligned with the state’s sentencing framework.
