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S1355aaH.............................................by JUDICIARY AND RULES
GRAND THEFT - Amends existing law to provide that a person is guilty of
grand theft if property has an aggregate value over fifty dollars and is
taken during three or more incidents of theft during a criminal episode;
and to define the term "criminal episode."
02/03 Senate intro - 1st rdg - to printing
02/04 Rpt prt - to Jud
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Crow
Floor Sponsor - Risch
Title apvd - to House
02/22 House intro - 1st rdg - to Jud
03/14 Rpt out - to Gen Ord - rpt out amen - to 1st rdg as amen
03/15 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/29 3rd rdg as amen - PASSED - 56-6-8
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Denney,
Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jones, Judd, Kellogg,
Kempton, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Mortensen, Moss, Pearce, Pischner, Pomeroy, Reynolds,
Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie,
Stevenson, Taylor, Tilman, Trail, Wheeler, Zimmermann
NAYS -- Jaquet, Kendell, Montgomery, Ringo, Smith, Stoicheff
Absent and excused -- Barrett, Crow, Deal, Geddes, Moyle, Stone,
Wood, Mr Speaker
Floor Sponsor - Moss
Title apvd - to Senate
03/30 Senate concurred in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/31 2nd rdg - to 3rd rdg as amen
04/03 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Ingram
Title apvd - to enrol
04/04 Rpt enrol - Pres signed - Sp signed
04/05 To Governor
04/12 Governor signed
Session Law Chapter 243
Effective: 07/01/00
S1355
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1355, As Amended in the House
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THEFT; AMENDING SECTION 18-2407, IDAHO CODE, TO PROVIDE THAT A
3 PERSON IS GUILTY OF GRAND THEFT IF PROPERTY HAS AN AGGREGATE VALUE OVER
4 FIFTY DOLLARS AND IS TAKEN DURING THREE OR MORE INCIDENTS OF THEFT DURING
5 A CRIMINAL EPISODE AND TO DEFINE THE TERM "CRIMINAL EPISODE"; AND PROVID-
6 ING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 18-2407, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-2407. GRADING OF THEFT. Theft is divided into two (2) degrees, grand
11 theft and petit theft.
12 (1) Grand theft.
13 (a) A person is guilty of grand theft when he commits a theft as defined
14 in this chapter and when the property, regardless of its nature and value,
15 is obtained by extortion committed by instilling in the victim a fear that
16 the actor or another person will:
17 1. Cause physical injury to some person in the future; or
18 2. Cause damage to property; or
19 3. Use or abuse his position as a public servant by engaging in con-
20 duct within or related to his official duties, or by failing or
21 refusing to perform an official duty, in such manner as to affect
22 some person adversely.
23 (b) A person is guilty of grand theft when he commits a theft as defined
24 in this chapter and when:
25 1. The value of the property taken exceeds one thousand dollars
26 ($1,000); or
27 2. The property consists of a public record, writing or instrument
28 kept, filed or deposited according to law with or in the keeping of
29 any public office or public servant; or
30 3. The property consists of a credit card; or
31 4. The property, regardless of its nature or value, is taken from
32 the person of another; or
33 5. The property, regardless of its nature and value, is obtained by
34 extortion; or
35 6. The property consists of one (1) or more firearms, rifles or
36 shotguns; or
37 7. The property taken or deliberately killed is livestock or any
38 other animal exceeding one hundred fifty dollars ($150) in value.
39 8. When any series of thefts, comprised of individual thefts having
40 a value of one thousand dollars ($1,000) or less, are part of a com-
41 mon scheme or plan, the thefts may be aggregated in one (1) count and
42 the sum of the value of all of the thefts shall be the value consid-
43 ered in determining whether the value exceeds one thousand dollars
2
1 ($1,000); or
2 9. The property has an aggregate value over fifty dollars ($50.00)
3 and is stolen during three (3) or more incidents of theft during a
4 criminal episode. For purposes of this subparagraph a "criminal epi-
5 sode" shall mean a series of unlawful acts committed over a period of
6 up to three (3) days.
7 (2) Petit theft. A person is guilty of petit theft when he commits a
8 theft as defined in this chapter and his actions do not constitute grand
9 theft.
10 SECTION 2. This act shall be in full force and effect on and after July
11 1, 2000.
AS1355
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Sali
Seconded by Ellsworth
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1355
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 2, following "property" insert:
3 "has an aggregate value over fifty dollars ($50.00) and"; in line 3, following
4 "episode" insert: ".", delete the remainder of the line, and in line 4, delete
5 "erty.".
6 CORRECTIONS TO TITLE
7 On page 1, in line 3, following "PROPERTY" insert: "HAS AN AGGREGATE VALUE
8 OVER FIFTY DOLLARS AND IS" and also in line 3, delete the second "IS"; in line
9 4, following "EPISODE" delete the remainder of the line, and in line 5, delete
10 "OF THE PROPERTY".
STATEMENT OF PURPOSE
RS09488C1
Retail theft continues to escalate in frequency and sophistication. As subjects involved in retail
theft evolve their methods, they also become cognizant of the existing dollar value stipulated in
state statutes that is required to commit a grand theft offense. In an attempt to evade stronger
penalties, subjects will commit thefts from several establishments, taking less than a grand theft
amount from each.
This bill would change existing law to provide for a penalty of grand theft for persons who are
apprehended and charged with goods stolen during three or more incidents during a criminal
episode (defined as up to three days), regardless of the value of the property stolen.
FISCAL IMPACT
There will be no impact on the General Fund, and no additional cost to state or local
governments.
CONTACT: Jennifer Lindsey
President, Idaho Retailers Association
342-0010
STATEMENT OF PURPOSE/FISCAL NOTE S 1355