Sen. Warnick’s bill strengthening penalties for theft from first responders passes Senate

OLYMPIA – The Washington State Senate passed Senate Bill 5323, which increases penalties for theft and possession of stolen property belonging to firefighters and emergency medical service providers. The legislation was introduced by Senator Judy Warnick (R-Moses Lake) and approved with a bipartisan vote of 47-2.   

“This was brought to me by a constituent who said that he had been working as a volunteer and the truck wouldn't start,” Warnick said during her Jan. 28 testimony. “The fire truck wouldn't start. Something had been ripped off of it. So, what happens in that case? Many miles, many hours are lost, and if we have a car wreck or something like that, where they need to be attended to right away, it's almost impossible if the equipment's been tampered.”   

This is her second bill to pass in her own chamber this session.  

SB 5323, if enacted, would classify theft or possession of stolen property used by firefighters or emergency medical service providers from a fire station or medical service facility as a first-degree Class B felony, punishable by up to 10 years of prison or a fine of up to $20,000.  

Warnick introduced the bill after first responders from Moses Lake raised concerns about thefts hindering emergency response. The bill aims to deter these incidents, ensuring responders can perform at their best. This measure aims to deter thefts that jeopardize the operational capabilities of first responders, who are critical to public safety and health. 

“Our first responders risk their lives daily to protect our communities,” said Warnick in a statement. "Ensuring they have the necessary equipment is crucial. This legislation sends a clear message that stealing from those who serve and protect will not be tolerated." 

According to Ephrata Fire Chief Jeremey Burns, Grant County has various outlying stations placed within a five-mile radius of a base fire station to better serve local areas. These stations, however, often experience some sort of theft, with stolen items ranging from car radios and generators to hand tools, and rescue tools such as Jaws of Life, which are used to free people from car wreckage.  

“That equipment is vital to being able to arrive on scene in a reasonable amount of time and start performing lifesaving services,” said Burns.  

Warnick expressed concern about the medical equipment, often paid for by taxpayers, being stolen and misused.  

“I saw where somebody was using a Jaws of Life to break into an ATM machine,” Warnick said during her testimony. “It just blows me away that they would steal something that would help people who have been in an accident to go and commit another crime. Not too many people have Jaws of Life in their garage, legitimately. So, I just bring this to you for your consideration, that if we can try to make people think twice before stealing from a fire station or even a remote police station.”   

Grant County Fire District 4, located in Warden, had a pair of Jaws of Life stolen from one of its outlying stations, said Assistant Fire Chief Daniel Bates.  

He said that although it was not the department’s main pair of Jaws of Life, the stolen set could have been located closest to a car accident, adding an extra five minutes to the response time.  

“Five minutes is the difference between life and death,” Bates said.  

Grant County Fire District Chief Chris Baker said restoring stolen equipment is a lengthy and costly process.  

“We're all faced with tight budgets, and for us to be able to replace that equipment on a moment's notice is pretty hard to do,” Baker said. 

Baker explains that due to increased lead times for purchasing, replacing equipment that previously took a few weeks now takes several months, with costs ranging from thousands of dollars depending on the item.  

Ramona Brandes from the Washington Defender Association, testified against the bill, expressing concerns that minor thefts, such as stealing gloves or bandages from an emergency room, could be classified as felonies due to the wording of the bill not being as specific as it should be. She also noted that stealing Jaws of Life is already considered a first-degree felony since its value exceeds $5,000.  

“First of all, we already have enumerated our levels of theft based on the value of the property,” Brandes said. “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, because this bill does not take into account de minimis thefts like that by the wording of what is an emergency facility.”  

Warnick addressed these concerns by providing a substitute bill that clarifies that stolen property must be critical to first responders’ emergency work to constitute a first-degree felony.  

Although the bill has passed the Senate with bipartisan support, it will now enter the House where a public hearing has yet to be scheduled.