Print Friendly

SENATE BILL NO. 1400

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

---

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

---

S1400................................................by JUDICIARY AND RULES
COMMUNITY PROPERTY - Amends existing law to include injury or destruction
of community property within the crime of malicious injury to property and
to specify misdemeanor penalties.

02/05    Senate intro - 1st rdg - to printing
02/06    Rpt prt - to Jud
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 34-1-0
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Twiggs, Wheeler
      NAYS--Whitworth
      Absent and excused--None
    Floor Sponsor - Thorne
    Title apvd - to House
02/27    House intro - 1st rdg - to Jud
03/20    Rpt out - rec d/p - to 2nd rdg
03/20    Rls susp - PASSED - 58-6-6
      AYES -- Barraclough, Bell, Bieter, Bivens, Black(15), Black(23), Boe,
      Bruneel, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal, Ellsworth,
      Field(13), Field(20), Geddes, Gould, Hadley, Hansen, Henbest,
      Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg,
      Kempton, Kendell, Kjellander, Kunz, Lake, Linford, Loertscher,
      Marley, McKague, Meyer, Mortensen, Newcomb, Pischner, Pomeroy,
      Reynolds, Richman, Ridinger, Robison, Schaefer, Stevenson, Stoicheff,
      Stone, Stubbs, Trail, Watson, Wheeler, Zimmermann, Mr Speaker
      NAYS -- Alltus, Barrett, Callister, Sali, Tilman, Wood
      Absent and excused -- Denney, Gagner, Mader, Miller, Taylor, Tippets
    Floor Sponsor - Field(13)
    Moved to reconsider - no reconsideration
    Title apvd - to Senate
03/20    To enrol - rpt enrol - Pres signed
03/23    Sp signed - to Governor
03/25    Governor signed
         Session Law Chapter 354
         Effective: 07/01/98

Bill Text

S1400


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1400

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT
 2    RELATING TO MALICIOUS INJURY TO  PROPERTY;  AMENDING  SECTION  18-7001,  IDAHO
 3        CODE,  TO INCLUDE INJURY OR DESTRUCTION OF JOINTLY OWNED PROPERTY AND COM-
 4        MUNITY PROPERTY WITHIN THE CRIME OF MALICIOUS INJURY TO  PROPERTY  AND  TO
 5        SPECIFY MISDEMEANOR PENALTIES.

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION  1.  That  Section 18-7001, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        18-7001.  MALICIOUS INJURY  TO  PROPERTY.  Every  person  who  maliciously
10    injures  or  destroys  any real or personal property not his own,  or any
11    jointly owned property without permission of the joint owner, or any  property
12    belonging to the community of the person's marriage,  in cases otherwise
13    than  such as are specified in this code, is guilty of a misdemeanor  and
14    shall be punishable by imprisonment in the county jail for up to one (1)  year
15    or  a  fine  of  not  more than one thousand dollars ($1,000), or both ,
16    unless the damages caused by a violation of this section exceed  one  thousand
17    dollars  ($1,000)  in  value, in which case such person is guilty of a felony,
18    and shall be punishable by imprisonment in the state prison for not less  than
19    one  (1) year nor more than five (5) years, and may be fined not more than one
20    thousand dollars ($1,000), or by both such fine and imprisonment.

Statement of Purpose / Fiscal Impact

    





                            STATEMENT OF PURPOSE
    
                                 RS 07578  
                                      
    
                Section 18-7001. MALICIOUS INJURY TO PROPERTY
    
    The purpose of this amendment is to make it a misdemeanor for destroying community property. This 
    legislation will make the destruction of community property punishable the same as destruction of other 
    people's property.
    
                               FISCAL IMPACT
    
    There should be little fiscal impact in this legislation as it another tool for law enforcement to use in 
    curbing domestic violence situations. There may be some fiscal impact on the counties with the additional 
    caseload and additional jail time. However, the long term fiscal impact should be positive because the 
    interruption of the domestic violence cycle reduces 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: 
    Fax:
    
    454-7391
    454-7474
    
    S 1400