Fiscal Note - 26LSO-0081

Theft amendments.

26LSO-0081, 1.0

FISCAL NOTE

The fiscal impact to the judicial system is indeterminable due to an unknown number of cases.

The Department of Corrections (DOC) indicates this bill may create an indeterminable expenditure increase due to the unknown number of individuals to be sentenced pursuant to the proposed legislation. The DOC estimates the annual cost of incarceration is $45,625 per inmate, including constitutionally required medical costs. The DOC estimates the annual cost of community supervision is $3,398 per offender.

Prepared by: Pierre Chesnais, LSO Phone: 777-7881

(Information provided by Claire Smith, Supreme Court, 777-7502; Kayla Opdahl, Department of Corrections, 777-6033)

SF0007

ORIGINAL Senate

File No. SF0007

ENROLLED ACT NO. 9, SENATE

SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING

2026 Budget Session

AN ACT relating to crimes and offenses; amending the penalties for theft and related offenses as specified; amending the number of theft offenses needed for a felony theft offense; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 6‑3‑402(c)(iii) and (j) and 6‑3‑411(e) are amended to read:

6‑3‑402. Theft; penalties.

(iii) A misdemeanor punishable by imprisonment for not more than six (6) months one (1) year, a fine of not more than seven hundred fifty dollars ($750.00) one thousand five hundred dollars ($1,500.00), or both, if the value of the property is less than one thousand dollars ($1,000.00).

(j) Any person convicted of a fifth third or subsequent offense for theft, shoplifting, larceny, wrongful taking of property, wrongful disposal of property or livestock rustling, any other theft offense under this section, any theft offense under a municipal ordinance or any theft offense pursuant to a substantially similar law of another jurisdiction separately brought and tried shall be guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.

6‑3‑411. Unlawful use of theft detection shielding devices; penalty.

(e) A person who commits any of the offenses specified under subsections (a) through (d) of this section shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months one (1) year, a fine of not more than seven hundred fifty dollars ($750.00) one thousand five hundred dollars ($1,500.00), or both.

Section 2. This act is effective July 1, 2026.

(END)


Speaker of the House			President of the Senate


	Governor

	TIME APPROVED: _________

	DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

SF0007

Theft amendments.

Sponsored By: Joint Judiciary Interim Committee

12/1/2025 Bill Number Assigned

1/5/2026 S Received for Introduction

2/9/2026 S Introduced and Referred to S01 - Judiciary 31-0-0-0-0

ROLL CALL

Ayes: (s) Anderson, Barlow, Biteman, Boner, Brennan, Case, Cooper, Crago, Crum, Dockstader, Driskill, French, Gierau, Hicks, Hutchings, Ide, Jones, Kolb, Landen, Laursen, Love, Mckeown, Nethercott, Olsen, Pappas, Pearson, Rothfuss, Salazar, Schuler, Scott, Steinmetz

Ayes 31 Nays 0 Excused 0 Absent 0 Conflicts 0

2/10/2026 S01 - Judiciary:Recommend Do Pass 4-0-1-0-0

ROLL CALL

Ayes: Senator(s) Crago, Crum, Kolb, Olsen

Excused: Senator Hicks

Ayes 4 Nays 0 Excused 1 Absent 0 Conflicts 0

2/10/2026 S Placed on General File

2/11/2026 S COW:Passed

2/12/2026 S 2nd Reading:Passed

2/13/2026 S 3rd Reading:Passed 31-0-0-0-0

ROLL CALL

Ayes: Senator(s) Anderson, Barlow, Biteman, Boner, Brennan, Case, Cooper, Crago, Crum, Dockstader, Driskill, French, Gierau, Hicks, Hutchings, Ide, Jones, Kolb, Landen, Laursen, Love, Mckeown, Nethercott, Olsen, Pappas, Pearson, Rothfuss, Salazar, Schuler, Scott, Steinmetz

Ayes 31 Nays 0 Excused 0 Absent 0 Conflicts 0

2/13/2026 H Received for Introduction

2/16/2026 H Introduced and Referred to H01 - Judiciary

2/20/2026 H01 - Judiciary:Recommend Do Pass 7-1-1-0-0

ROLL CALL

Ayes: Representative(s) Brady, Bratten, Filer, Lien, Singh, Washut, Webb

Nays: Representative Chestek

Excused: Representative Kelly

Ayes 7 Nays 1 Excused 1 Absent 0 Conflicts 0

2/20/2026 H Placed on General File

2/23/2026 H COW:Passed

SF0007H2001/FAILED

Page 2-line 9 After \"offense\" insert \"within a three (3) year period\". Provenza

SF0007H2002/FAILED

Page 2-line 14 Strike \"shall\".

Page 2-line 15 Strike \"be guilty of\" and insert \"may be charged with\". Provenza

2/24/2026 H 2nd Reading:Passed

2/25/2026 H 3rd Reading:Passed 55-4-3-0-0

ROLL CALL

Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Brady, Bratten, Brown, G, Brown, L, Byron, Campbell, E, Campbell, K, Clouston, Connolly, Davis, Erickson, Filer, Fornstrom, Geringer, Guggenmos, Haroldson, Harshman, Heiner, Hoeft, Jarvis, Johnson, Knapp, Larsen, L, Larson, Jt, Lawley, Lien, Locke, Lucas, Mccann, Neiman, Nicholas, Ottman, Pendergraft, Posey, Riggins, Rodriguez-Williams, Schmid, Singh, Smith, Strock, Styvar, Tarver, Washut, Wasserburger, Webb, Wharff, Williams, Winter, Wylie, Yin

Nays: Representative(s) Chestek, Provenza, Sherwood, Storer

Excused: Representative(s) Kelly, Thayer, Webber

Ayes 55 Nays 4 Excused 3 Absent 0 Conflicts 0

2/25/2026 Assigned Number SEA No. 0009

2/25/2026 S President Signed SEA No. 0009

2/26/2026 H Speaker Signed SEA No. 0009

2/27/2026 Governor Signed SEA No. 0009

2/27/2026 Assigned Chapter Number 11

Chapter No. 11 Session Laws of Wyoming 2026

Bill No.: SF0007 Effective: 7/1/2026

LSO No.: 26LSO-0081

Enrolled Act No.: SEA No. 0009

Chapter No.: 11

Prime Sponsor: Joint Judiciary Interim Committee

Catch Title: Theft amendments.

Has Report: No

Subject: Amending the penalty for theft and offense threshold for felony theft.

Summary/Major Elements:

This act amends the criminal offense of theft. The act amends the penalty for misdemeanor theft to be punishable by imprisonment for up to one (1) year (increased from six (6) months), a fine not to exceed one thousand five hundred dollars ($1,500.00) (increased from seven hundred fifty dollars ($750.00)), or both.

The act also amends the offense threshold for felony theft. A person convicted of a third or subsequent theft offense (rather than the fifth offense) is guilty of felony theft.

The act amends the penalty for unlawful use of theft detection shielding devices to match the penalty for misdemeanor theft as amended in this act (imprisonment for one (1) year, a fine not to exceed one thousand five hundred dollars ($1,500.00), or both).

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.