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S1401aa..............................................by JUDICIARY AND RULES
TELEPHONES - Adds to existing law to provide for the crime of malicious
destruction of a telephone line or telephone instrument and to provide
penalties.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to Jud
02/19 Rpt out - to 14th Ord
02/25 Rpt out amen - to engros
02/26 Rpt engros - 1st rdg - to 2nd rdg as amen
02/27 2nd rdg - to 3rd rdg as amen
03/04 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Boatright
Title apvd - to House
03/05 House intro - 1st rdg as amen - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg as amen
03/20 Rls susp - PASSED - 40-27-3
AYES -- Barraclough, Bell, Bieter, Bivens, Black(15), Boe, Bruneel,
Chase, Crow, Cuddy, Deal, Ellsworth, Field(13), Geddes, Gould,
Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20),
Kendell, Kjellander, Kunz, Lake, Linford, Marley, Meyer, Miller,
Newcomb, Pomeroy, Reynolds, Robison, Stoicheff, Stone, Trail, Watson,
Zimmermann, Mr Speaker
NAYS -- Alltus, Barrett, Black(23), Callister, Campbell, Clark,
Crane, Denney, Field(20), Gagner, Hadley, Judd, Kellogg, Kempton,
Loertscher, Mader, Mortensen, Pischner, Richman, Ridinger, Sali,
Schaefer, Stevenson, Stubbs, Tilman, Wheeler, Wood
Absent and excused -- McKague, Taylor, Tippets
Floor Sponsor - Boe
Title apvd - to Senate
03/20 To enrol - rpt enrol
03/23 Pres signed - Sp signed - to Governor
03/31 Governor VETOED
S1401|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1401, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MALICIOUS DESTRUCTION OF A TELEPHONE OR TELEPHONE INSTRUMENT; 3 AMENDING CHAPTER 68, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 4 TION 18-6810, IDAHO CODE, TO PROVIDE FOR THE CRIME OF MALICIOUS DESTRUC- 5 TION OF A TELEPHONE LINE OR TELEPHONE INSTRUMENT AND TO PROVIDE PENALTIES; 6 AND DECLARING AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 68, Title 18, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION , to be 10 known and designated as Section 18-6810, Idaho Code, and to read as follows: 11 18-6810. MALICIOUS DESTRUCTION OF A TELEPHONE LINE OR TELEPHONE INSTRU- 12 MENT. Any person who unlawfully and maliciously takes down, removes, injures 13 or obstructs any telegraph, telephone or cable television line or any other 14 line used to conduct electricity, or any part thereof, or appurtenances or 15 apparatus connected therewith, or severs any wire thereof, or makes any unau- 16 thorized connection with any line other than a telegraph, telephone or cable 17 television line used to conduct electricity, or any part thereof, or appurte- 18 nances or apparatus connected therewith, or who unlawfully and maliciously 19 takes down, removes, injures or obstructs any telephone instrument used to 20 facilitate the transmission of messages, signals, facsimiles, video images or 21 other communication between persons who are physically separated from each 22 other by means of telephone, telegraph, cable, wire or the projection of 23 energy without physical connection (wireless or cellular), is guilty of a mis- 24 demeanor and shall be punishable by a fine of up to one thousand dollars 25 ($1,000) or by imprisonment in the county jail for up to one (1) year, or 26 both. 27 SECTION 2. An emergency existing therefor, which emergency is hereby 28 declared to exist, this act shall be in full force and effect on and after its 29 passage and approval.
STATEMENT OF PURPOSE
RS 07585
MALICIOUS DESTRUCTION OF TELEPHONE
This section would make it a misdemeanor for any person who destroys a telephone or any instrument
used to conduct communications, such as telegraph and cable television lines. This is an additional tool
for law enforcement to use in domestic violence situations. It is common in domestic violence situations
for a batterer to destroy the means of communication a victim may have in seeking help.
FISCAL IMPACT
There may be a small fiscal impact in a few additional cases being presented to the court system
because of this legislation, but overall there should be little or no fiscal impact. The reason for little fiscal
impact is this crime is typically committed in conjunction with other crimes. This section will aid law
enforcement agencies in domestic violence situations. The long term fiscal impact should be positive
because intervention has been shown to reduce the recurrence of domestic violence both in this
generation and in the generation growing up in homes with domestic violence.
CONTACT: David L. Young
Canyon County Prosecuting Attorney
1115 Albany Street
Caldwell, ID 83605
Phone:454-7391
Fax:454-7474
S1401