Requires gluten cross contamination safeguards in food establishments owned, operated or leased by any department or agency of the state

2025 Regular Session Introduced by Kevin Parker

The bill makes anyone involved in auto theft responsible for property damage during theft, pursuit, or flight, with restitution and penalties by damage amount.

REFERRED TO FINANCE

Overview

S 4005 proposes criminal liability for property damage that occurs during the commission, attempted commission, or flight from an auto theft. The bill assigns criminal penalties to individuals involved in the underlying auto theft who cause property damage, regardless of whether the damage is caused directly by the defendant, by police during a pursuit, or by another participant. It also requires restitution to property owners and clarifies non-merger with related theft offenses.

Sponsor: Kevin S. Parker (primary)

Status: Referred to Finance (introduced Jan 14, 2025; previously referred to Senate Judiciary)

Introduction date: January 14, 2025

Legislative actions: Introduced in the Senate; referred to Judiciary (1/14) and Finance (1/31)

Purpose and Intent

The bill aims to deter and penalize property damage that occurs in the context of auto theft offenses and related police pursuits, by criminalizing the act of causing damage during such events and by ensuring restitution to victims. It closes potential gaps where damage occurred as part of a theft or pursuit but might not be directly attributable to a single offender.

Key Provisions

Section 1a: Creates a crime of the third degree if, during the theft of a motor vehicle, its attempted theft, or immediate flight therefrom, any person causes damage to tangible property of another. The provision explicitly covers damage occurring as a result of law enforcement pursuit if the officer has reasonable cause to believe the vehicle is stolen or used to facilitate theft.

Section 1b: Penalties based on the amount of pecuniary loss, as determined by the trier of fact:

Third-degree crime if $500 or more (3–5 years’ imprisonment, up to $15,000 fine, or both).
Fourth-degree crime if less than $500 (up to 18 months’ imprisonment, up to $10,000 fine, or both).

Section 1c: Restitution. A convicted individual may be ordered to pay restitution to the owner/lessee/subrogee for the damaged property, up to the value determined by the jury, plus reasonable costs and attorneys’ fees.

Section 1d: Not a defense that the damage was caused by a law enforcement officer or that the defendant was not the driver or operator of the vehicle.

Section 1e: Non-merger. Convictions under this act do not merge with convictions for eluding arrest, auto theft, or other theft offenses, and vice versa.

Section 2: Effective immediately.

Affected Parties and Impacts

Affected individuals: Persons involved in auto theft offenses (drivers and non-drivers alike), co-perpetrators, and participants in the underlying crime.

Victims: Property owners and lessees who suffer damage as a result of auto theft activities or pursuits.

Law enforcement context: Applies even when damage is caused during police pursuits.

Courts: Must determine the amount of damage for eligibility of third- versus fourth-degree classification and order restitution.

Notable Details

Monetary thresholds ($500+) determine third- versus fourth-degree classification.

Restitution is a core component of sentencing, with potential recovery of costs and attorneys’ fees beyond the damage value.

The bill emphasizes accountability for all participants in auto theft scenarios, not solely the driver.

Bill

Requires gluten cross contamination safeguards in food establishments owned, operated or leased by any department or agency of the state

Summary of S 4005

Overview

Purpose and Intent

Key Provisions

Affected Parties and Impacts

Procedural and Timeline Details

Notable Details

Create your proposal