Seems like the Legislature used limiting language of "wire or cable", which seems to exclude plumbing or HVAC pipe. No caselaw directly on point and no help in legislative history that I have found. Please share any insights you may have on this. Thanks!

That's a good plain-language reading. I believe recently passed legislation corrects this.


HB 348

[This message was edited by JohnR on 06-01-09 at .]

I agree with you, Barrett, and I hope new legislation takes care of this.

HB 348 includes several other commonly stolen copper and copper alloy items. It is awaiting signature by the Governor.

As an aside that will no doubt amuse Newell, Brumley, A.P. and others, did any of you know that the real name of radio host Dr. Demento was Barrett Hansen?

Dr. Demento (Barrett Hansen)
Alive
Born: 4/2/1941
Age: 68

Full name: Barrett Hansen
Noted For: radio disk jockey; hosts "The Dr. Demento Show", a program of novelty recordings (1970-).

http://www.whosaliveandwhosdead.com/n/demedr01.htm

Fact is, though, they should just include anything made of those alloys. Around here people have been stealing plaques from monuments and flower urns from graves in addition to pipe and wire.

We had a slew of cases several years ago where folks would pull up to a rural home where nobody was home at the time, turn off the power to the house, yank the breaker box from the outside of the house and then tie the main electrical wires to a trailer hitch on a truck and literally pull the wire from the home.

All for a little copper wire. The cost on one of those homes to have it rewired was something like $40k.

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Originally posted by Barrett Denum Hansen:
Seems like the Legislature used limiting language of "wire or cable", which seems to exclude plumbing or HVAC pipe. No caselaw directly on point and no help in legislative history that I have found. Please share any insights you may have on this. Thanks!

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You're S.O.L. regarding the enhancement.

Shannon, I'm not sure I understand your comment. Pena's bill seems to expand the number of copper-alloy items covered in the theft ladder. Am I reading that wrong?

No, you're reading it correctly. But it doesn't apply to an offense committed before the effective date of the bill. Therefore, plumbing-related copper thefts are still just garden-variety thefts until Sept. 1.