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H0244................................by JUDICIARY, RULES AND ADMINISTRATION THEFT - Amends existing law relating to theft to strike superfluous language; and to provide a code reference to include theft during a "criminal episode" in the penalty statute. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to Jud 02/20 Rpt out - rec d/p - to 2nd rdg 02/21 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 59-0-11 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Eskridge, Field(13), Field(20), Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts, Sali, Sellman, Shepherd, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young NAYS -- None Absent and excused -- Ellsworth, Gagner, Gould, Jones, Langford, Montgomery, Ridinger, Robison, Schaefer, Smith, Mr. Speaker Floor Sponsor -- Higgins Title apvd - to Senate 02/23 Senate intro - 1st rdg - to Jud 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth NAYS -- None Absent and excused -- Williams Floor Sponsor -- Lodge Title apvd - to House 03/19 To enrol 03/20 Rpt enrol - Sp signed 03/21 Pres signed - to Governor 03/22 Governor signed Session Law Chapter 112 Effective: 03/22/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 244 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THEFT; AMENDING SECTION 18-2403, IDAHO CODE, TO STRIKE SUPERFLUOUS 3 LANGUAGE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 18-2408, 4 IDAHO CODE, TO PROVIDE A CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; 5 AND DECLARING AN EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-2403, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-2403. THEFT. (1) A person steals property and commits theft when, with 10 intent to deprive another of property or to appropriate the same to himself or 11 to a third person, he wrongfully takes, obtains or withholds such property 12 from an owner thereof. 13 (2) Theft includes a wrongful taking, obtaining or withholding of 14 another's property, with the intent prescribed in subsection (1) of this sec- 15 tion, committed in any of the following ways: 16 (a) By deception obtains or exerts control over property of the owner; 17 (b) By conduct heretofore defined or known as larceny; common law larceny 18 by trick; embezzlement; extortion; obtaining property, money or labor 19 under false pretenses; or receiving stolen goods; 20 (c) By acquiring lost property. A person acquires lost property when he 21 exercises control over property of another which he knows to have been 22 lost or mislaid, or to have been delivered under a mistake as to the iden- 23 tity of the recipient or the nature or amount of the property, without 24 taking reasonable measures to return such property to the owner; or a per- 25 son commits theft of lost or mislaid property when he: 26 1. Knows or learns the identity of the owner or knows, or is aware 27 of, or learns of a reasonable method of identifying the owner; and 28 2. Fails to take reasonable measures to restore the property to the 29 owner; and 30 3. Intends to deprive the owner permanently of the use or benefit of 31 the property. 32 (d) By false promise: 33 1. A person obtains property by false promise when pursuant to a 34 scheme to defraud, he obtains property of another by means of a rep- 35 resentation, express or implied, that he or a third person will in 36 the future engage in particular conduct, and when he does not intend 37 to engage in such conduct or, as the case may be, does not believe 38 that the third person intends to engage in such conduct. 39 2. In any prosecution for theft based upon a false promise, the 40 defendant's intention or belief that the promise would not be per- 41 formed may not be established by or inferred from the fact alone that 42 such promise was not performed. Such a finding may be based only upon 43 evidence establishing that the facts and circumstances of the case 2 1 are consistent with guilty intent or belief and inconsistent with 2 innocent intent or belief, and excluding to a moral certainty every 3 reasonable hypothesis except that of the defendant's intention or 4 belief that the promise would not be performed; 5 (e) By extortion. A person obtains property by extortion when he compels 6 or induces another person to deliver such property to himself or to a 7 third person by means of instilling in him a fear that, if the property is 8 not so delivered, the actor or another will: 9 1. Cause physical injury to some person in the future; or 10 2. Cause damage to property; or 11 3. Engage in other conduct constituting a crime; or 12 4. Accuse some person of a crime or cause criminal charges to be 13 instituted against him; or 14 5. Expose a secret or publicize an asserted fact, whether true or 15 false, tending to subject some person to hatred, contempt or ridi- 16 cule; or 17 6. Cause a strike, boycott or other collective labor group action 18 injurious to some person's business; except that such a threat shall 19 not be deemed extortion when the property is demanded or received for 20 the benefit of the group in whose interest the actor purports to act; 21 or 22 7. Testify or provide information or withhold testimony or informa- 23 tion with respect to another's legal claim or defense; or 24 8. Use or abuse his position as a public servant by performing some 25 act within or related to his official duties, or by failing or refus- 26 ing to perform an official duty, in such manner as to affect some 27 person adversely; or 28 9. Perform any other act which would not in itself materially bene- 29 fit the actor but which is calculated to harm another person materi- 30 ally with respect to his health, safety, business, calling, career, 31 financial condition, reputation or personal relationships. 32 (3) A person commits theft when he knowingly takes or exercises unautho- 33 rized control over, or makes an unauthorized transfer of an interest in, the 34 property of another person, with the intent of depriving the owner thereof. 35 (4) A person commits theft when he knowingly receives, retains, conceals, 36 obtains control over, possesses, or disposes of stolen property, knowing the 37 property to have been stolenby anotheror under such circumstances as would 38 reasonably induce him to believe that the property was stolen, and 39 (a) Intends to deprive the owner permanently of the use or benefit of the 40 property; or 41 (b) Knowingly uses, conceals or abandons the property in such manner as 42 to deprive the owner permanently of such use or benefit; or 43 (c) Uses, conceals, or abandons the property knowing such use, conceal- 44 ment or abandonment probably will deprive the owner permanently of such 45 use or benefit. 46 (5) Theft of labor or services or use of property. 47 (a) A person commits theft when he obtains the temporary use of property, 48 labor or services of another which are available only for hire, by means 49 of threat or deception or knowing that such use is without the consent of 50 the person providing the property, labor or services. 51 (b) A person commits theft when after renting or leasing a motor vehicle 52 under an agreement in writing which provides for the return of the vehicle 53 to a particular place at a particular time, hewilfullywillfully or 54 intentionally fails to return the vehicle to that place within forty-eight 55 (48) hours after the time specified. 3 1 (c) A person commits theft if, having control over the disposition of 2 services of others, to which he is not entitled, he knowingly diverts such 3 services to his own benefit or to the benefit of another not entitled 4 thereto. 5 SECTION 2. That Section 18-2408, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 18-2408. PUNISHMENT FOR THEFT. (1) Grand theft committed in a manner pre- 8 scribed in subsection (1)(a) of section 18-2407, Idaho Code, is a felony pun- 9 ishable by fine not exceeding ten thousand dollars ($10,000) or imprisonment 10 in the state prison for not less than one (1) year nor more than twenty (20) 11 years, or by both such fine and imprisonment. 12 (2) (a) Grand theft committed in a manner prescribed in subsection 13 (1)(b)1., 2., 3., 4., 5., 6.,or8. or 9. of section 18-2407, Idaho Code, 14 is a felony punishable by a fine not exceeding five thousand dollars 15 ($5,000), or by imprisonment in the state prison for not less than one (1) 16 year nor more than fourteen (14) years, or by both such fine and imprison- 17 ment. 18 (b) Grand theft committed in a manner prescribed in subsection (1)(b)7. 19 of section 18-2407, Idaho Code, is a felony punishable by a fine of not 20 less than one thousand dollars ($1,000) nor more than five thousand dol- 21 lars ($5,000), and the minimum fine shall not be suspended or withheld, or 22 by imprisonment in the state prison for not less than one (1) year nor 23 more than fourteen (14) years, or by both such fine and imprisonment. In 24 addition, the court shall assess civil damages as provided in section 25 25-1910, Idaho Code. 26 (3) Petit theft is a misdemeanor punishable by a fine not exceeding one 27 thousand dollars ($1,000), or by imprisonment in the county jail not exceeding 28 one (1) year or by both. 29 SECTION 3. An emergency existing therefor, which emergency is hereby 30 declared to exist, this act shall be in full force and effect on and after its 31 passage and approval.
STATEMENT OF PURPOSE RS 11007 This legislation will clarify Idaho Code, Section 18 2403, by striking superfluous language. It also makes a technical correction to Idaho Code, Section 18-2408, which defines grand theft, by adding reference to subsection 9 of Idaho Code, Section 18-2407, which was added as a grand thef.t provision in last year s legislature. FISCAL IMPACT None. Contact Name: Representative Kent A. Higgins Phone: 332 1000 STATEMENT OF PURPOSE/FISCAL NOTE H 24