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S1347aa..............................................by JUDICIARY AND RULES DAMS/CANALS/ENERGY FACILITIES - Amends and adds to existing law to provide that certain injurious acts relating to dams, canals, energy facilities and other structures are unlawful; and to provide for punishment. 01/31 Senate intro - 1st rdg - to printing 02/01 Rpt prt - to Jud 02/11 Rpt out - to 14th Ord 02/18 Rpt out amen - to engros 02/19 Rpt engros - 1st rdg - to 2nd rdg as amen 02/20 2nd rdg - to 3rd rdg as amen 02/21 3rd rdg as amen - PASSED - 28-1-6 AYES -- Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Goedde, Hill, Ingram, Ipsen, Keough, Little, Lodge, Noh, Richardson, Risch(Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- Hawkins Absent and excused -- Andreason, Frasure, Geddes, King-Barrutia, Marley, Sandy Floor Sponsor - Darrington Title apvd - to House 02/22 House intro - 1st rdg - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1347 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MALICIOUS INJURIES TO PROPERTY; AMENDING SECTION 18-7019, IDAHO 3 CODE, TO MAKE GRAMMATICAL CORRECTIONS AND TO REVISE PENALTIES FOR UNLAW- 4 FULLY INJURING DAMS, CANALS AND OTHER STRUCTURES; AND AMENDING CHAPTER 70, 5 TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-7040, IDAHO 6 CODE, TO PROVIDE THAT CERTAIN INJURIOUS ACTS RELATING TO ENERGY FACILITIES 7 SHALL BE UNLAWFUL, TO PROVIDE FOR PUNISHMENT AND TO DEFINE "ENERGY FACIL- 8 ITY." 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 18-7019, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 18-7019. INJURING DAMS, CANALS, AND OTHER STRUCTURES -- PENALTY. Every 13 person whowilfullywillfully and maliciously cuts, breaks, injures or 14 destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir 15 or other structure erected to create hydraulic power, or to drain or reclaim 16 any swamp and overflowed or marsh land, or to conduct water for mining, manu- 17 facturing, reclamation or agricultural purposes, or any embankment necessary 18 to the same, or either of them; orwilfullywho willfully or maliciously 19 makes, or causes to be made, any aperture in such dam, canal, flume, aqueduct, 20 reservoir, embankment, levee or structure, with intent to injure or destroy 21 the same,is punishableshall be punished by a fine not exceeding fifty thou- 22 sand dollars ($150,000), or by imprisonmentin the state prisonnot exceeding 23twoten (10) years, or by both. 24 SECTION 2. That Chapter 70, Title 18, Idaho Code, be, and the same is 25 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 26 ignated as Section 18-7040, Idaho Code, and to read as follows: 27 18-7040. DAMAGE TO ENERGY FACILITIES. (1) Any person who maliciously dam- 28 ages or attempts to damage the property of an energy facility in an amount 29 that exceeds, or would have exceeded if the attempted offense had been com- 30 pleted, ten thousand dollars ($10,000), or who maliciously causes or attempts 31 to cause a significant interruption or impairment of a function of an energy 32 facility, shall be punished by imprisonment for a term not exceeding ten (10) 33 years, by a fine not exceeding fifty thousand dollars ($50,000), or by both. 34 (2) For purposes of this section, the term "energy facility" means a 35 facility that is involved in the production, storage, transmission or distri- 36 bution of electricity, fuel or another form or source of energy, or a facility 37 that is involved in energy research development or a demonstration facility 38 relating thereto, regardless of whether such facility is still under construc- 39 tion or is otherwise not functioning, including any nuclear production facil- 40 ity or utilization facility, nuclear waste storage facility, or uranium stor- 41 age facility licensed under the provisions of the United States Code, or any 2 1 nuclear fuel for such a utilization facility or any spent nuclear fuel from 2 such a facility. The property of an energy facility includes any computer, 3 computer system or computer network, and any computer software, program, docu- 4 mentation or data contained in such computer, computer system or computer net- 5 work.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Barrutia Seconded by Risch IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1347 1 AMENDMENT TO THE BILL 2 On page 2, following line 5, insert: 3 "SECTION 3. An emergency existing therefor, which emergency is hereby 4 declared to exist, this act shall be in full force and effect on and after its 5 passage and approval.". 6 CORRECTIONS TO TITLE 7 On page 1, in line 8, delete "ITY."" and insert: "ITY"; AND DECLARING AN 8 EMERGENCY.".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1347, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MALICIOUS INJURIES TO PROPERTY; AMENDING SECTION 18-7019, IDAHO 3 CODE, TO MAKE GRAMMATICAL CORRECTIONS AND TO REVISE PENALTIES FOR UNLAW- 4 FULLY INJURING DAMS, CANALS AND OTHER STRUCTURES; AND AMENDING CHAPTER 70, 5 TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-7040, IDAHO 6 CODE, TO PROVIDE THAT CERTAIN INJURIOUS ACTS RELATING TO ENERGY FACILITIES 7 SHALL BE UNLAWFUL, TO PROVIDE FOR PUNISHMENT AND TO DEFINE "ENERGY FACIL- 8 ITY"; AND DECLARING AN EMERGENCY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 18-7019, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 18-7019. INJURING DAMS, CANALS, AND OTHER STRUCTURES -- PENALTY. Every 13 person whowilfullywillfully and maliciously cuts, breaks, injures or 14 destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir 15 or other structure erected to create hydraulic power, or to drain or reclaim 16 any swamp and overflowed or marsh land, or to conduct water for mining, manu- 17 facturing, reclamation or agricultural purposes, or any embankment necessary 18 to the same, or either of them; orwilfullywho willfully or maliciously 19 makes, or causes to be made, any aperture in such dam, canal, flume, aqueduct, 20 reservoir, embankment, levee or structure, with intent to injure or destroy 21 the same,is punishableshall be punished by a fine not exceeding fifty thou- 22 sand dollars ($150,000), or by imprisonmentin the state prisonnot exceeding 23twoten (10) years, or by both. 24 SECTION 2. That Chapter 70, Title 18, Idaho Code, be, and the same is 25 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 26 ignated as Section 18-7040, Idaho Code, and to read as follows: 27 18-7040. DAMAGE TO ENERGY FACILITIES. (1) Any person who maliciously dam- 28 ages or attempts to damage the property of an energy facility in an amount 29 that exceeds, or would have exceeded if the attempted offense had been com- 30 pleted, ten thousand dollars ($10,000), or who maliciously causes or attempts 31 to cause a significant interruption or impairment of a function of an energy 32 facility, shall be punished by imprisonment for a term not exceeding ten (10) 33 years, by a fine not exceeding fifty thousand dollars ($50,000), or by both. 34 (2) For purposes of this section, the term "energy facility" means a 35 facility that is involved in the production, storage, transmission or distri- 36 bution of electricity, fuel or another form or source of energy, or a facility 37 that is involved in energy research development or a demonstration facility 38 relating thereto, regardless of whether such facility is still under construc- 39 tion or is otherwise not functioning, including any nuclear production facil- 40 ity or utilization facility, nuclear waste storage facility, or uranium stor- 41 age facility licensed under the provisions of the United States Code, or any 2 1 nuclear fuel for such a utilization facility or any spent nuclear fuel from 2 such a facility. The property of an energy facility includes any computer, 3 computer system or computer network, and any computer software, program, docu- 4 mentation or data contained in such computer, computer system or computer net- 5 work. 6 SECTION 3. An emergency existing therefor, which emergency is hereby 7 declared to exist, this act shall be in full force and effect on and after its 8 passage and approval.
STATEMENT OF PURPOSE RS ll7llCl This legislation would provide additional protection for Idaho’s infrastructure. It increases the penalty for willfully and maliciously damaging dams, canals and other structures used to conduct water. It also contains a new provision, defining “energy facilities”; providing that maliciously damaging or attempting to damage such facilities in an amount exceeding $10,000, or causing a significant interruption or impairment of a function of such a felony, is a felony; and provides appropriate penalties. FISCAL IMPACT There is no fiscal impact to the general fund. CONTACTS: Name: Steve Tobiason, Deputy Attorney General Agency: Office of The Attorney General Phone: 334-4151 Statement of Purpose/Fiscal Impact S 1347