Committee hears bill to raise penalty for stealing firefighting or EMS equipment to first-degree felony

Senators and witnesses on the Law & Justice Committee heard testimony Jan. 28 on Senate Bill 5323, which would make stealing or possessing stolen property used in firefighting or emergency medical services a first-degree theft offense.

Patrick Moore, committee staff, told the panel the bill would mark theft and possession of stolen property “that is used by firefighters or by emergency medical service providers in the course of their duties when that property is stolen from a fire station or emergency medical service facility or vehicle” as conduct that can reach first-degree theft or possession. Moore said first-degree theft and first-degree possession are class B felonies punishable by up to 10 years in prison or a fine of up to $20,000, or both.

Senator Judy Warnick, sponsor and 13th Legislative District senator, said she brought the bill after constituent reports of volunteer firefighters discovering equipment had been removed from trucks, delaying emergency responses. “I just bring this to you for your consideration,” Warnick said, describing rural fire stations placed “out on a county road somewhere” and the real-world risk when rescue equipment is tampered with.

Ramona Brandes, representing the Washington Defender Association and the Washington Association of Criminal Defense Lawyers, testified in opposition. Brandes said the bill, as written, does not include a de minimis floor for value and could make low-value items taken from emergency or medical facilities trigger a class B felony. “Making this bill law would mean that if someone stole band aids and tongue depressors or gloves from an emergency room, that they would be subject to a class b felony theft first degree,” Brandes said, and urged the committee to add a monetary threshold and clarifying language to reflect legislative intent.

Committee staff said a fiscal note has been requested. Committee members asked few questions; a member observed the measure is substantially the same as one introduced in a prior session.

The hearing record shows proponents emphasizing the public-safety consequences when rescue tools are stolen and opponents urging targeted drafting to avoid sweeping low-value thefts into the felony system. No committee action or vote was recorded during the hearing.