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SB 5323

Concerning the penalties for theft and possession of stolen property from first responders.

2025-2026 Regular Session Introduced by Matt Boehnke and 16 co-sponsors

The law makes theft or possession of critical firefighter/EMS equipment a first‑degree offense (class B felony) if it hinders response or is valued over $1,000.

Effective date 7/27/2025.
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Bill Summary · SB 5323

Summary — SB 5323 (Chapter 286, 2025 Laws)

Concerning penalties for theft and possession of stolen property from first responders

Purpose

SB 5323 increases criminal penalties for certain thefts from firefighters and emergency medical service (EMS) providers by expanding the conduct that qualifies as first‑degree theft and first‑degree possession of stolen property. The intent is to deter thefts of equipment that are critical to emergency response and to reflect the public‑safety harm when stolen items delay or impair emergency services.

Key provisions

  • Amends RCW 9A.56.150 (possession of stolen property) and RCW 9A.56.030 (theft in the first degree).
  • Retains existing $5,000 threshold rule: possessing stolen property (other than a firearm or motor vehicle) valued over $5,000 remains first‑degree possession (class B felony).
  • Adds a new basis for first‑degree possession and first‑degree theft:
    • Property or equipment used by firefighters or EMS providers that is “critical to their work in an emergency setting” and is taken from a:
    • fire station,
    • fire department vehicle,
    • or emergency medical services building, facility, structure, or vehicle;
    • AND either:
    • the loss “significantly hindered or delayed” the responder’s ability to respond to an ongoing emergency; or
    • the property/equipment is valued over $1,000.
  • Resulting offense classification: first‑degree theft or first‑degree possession = class B felony (maximum confinement up to 10 years; maximum fine up to $20,000). (Washington sentencing grid: these offenses are ranked at seriousness level II.)

Who is affected

  • Individuals who steal, receive, possess, conceal, or dispose of stolen property or equipment taken from the specified locations used by firefighters/EMS.
  • Firefighters, EMS providers, and communities (particularly rural areas where replacement/response options are limited) may see enhanced protection.
  • Prosecutors and defense counsel: the law expands prosecutable conduct and introduces factual elements (critical to emergency work; significant hindrance/delay) that courts will evaluate.

Procedural/timeline notes

  • Introduced: January 17, 2025.
  • Passed Senate and House (House concurred in Senate amendments); final votes: Senate 48‑0 (4/21/2025), House 96‑0 (4/14/2025).
  • Governor signed: May 15, 2025. Chapter 286, 2025 Laws.
  • Effective date: July 27, 2025.
  • No appropriation; a fiscal note was requested.

Testimony and concerns

  • Supporters (including prime sponsor Sen. Judy Warnick) argued tougher penalties are needed because thefts can delay emergency response, especially in rural districts.
  • Opponents (Washington Defender Association; WA Association of Criminal Defense Lawyers) raised proportionality concerns, warning the measure could elevate low‑value thefts into felony prosecutions unless the “significantly hindered” or $1,000 threshold is applied carefully.

Practical effect

The law allows otherwise lower‑value thefts of crucial firefighter/EMS equipment (or possession of such stolen items) to be charged as class B felonies when the statutory location and either the response‑impairment or $1,000 value condition is met. Courts and prosecutors will interpret and apply the “critical to work” and “significantly hindered or delayed” factual standards in individual cases.

Compiled from official sources — confirm details with the bill’s official record.

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