1999 Legislation
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SENATE BILL NO. 1007 – Property, stolen, value not known


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Daily Data Tracking History

S1007................................................by JUDICIARY AND RULES
PROPERTY - STOLEN - Amends existing law to provide that when the value of
stolen property cannot be satisfactorily ascertained, the value shall be
deemed to be $1,000 or less.

01/19    Senate intro - 1st rdg - to printing
01/20    Rpt prt - to Jud
02/08    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/10    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      Absent and excused--Davis
    Floor Sponsor - Richardson
    Title apvd - to House
02/11    House intro - 1st rdg - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 60-0-10
      AYES -- Alltus, Barrett, Bell, Bieter, Bruneel, Callister, Campbell,
      Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Hadley, Hammond, Hansen(23), Hansen(29), Henbest,
      Hornbeck, Jaquet, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
      Linford, Loertscher, Mader, Marley, McKague, Meyer(Duncan),
      Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
      Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Tippets, Watson, Wheeler, Williams,
      Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Barraclough, Black, Boe, Geddes, Gould, Jones,
      Limbaugh, Montgomery, Trail, Mr Speaker
    Floor Sponsor - Hammond
    Title apvd - to Senate
03/17    To enrol - rpt enrol - Pres signed
03/18    Sp signed
03/19    To Governor
03/23    Governor signed
         Session Law Chapter 147
         Effective: 07/01/99

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1007

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT

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

 6        SECTION 1.  That Section 18-2402, Idaho Code, be, and the same  is  hereby
 7    amended to read as follows:

 8        18-2402.  DEFINITIONS.  The  following  definitions are applicable to this
 9    chapter:
10        (1)  "Appropriate." To "appropriate" property of another to oneself  or  a
11    third person means:
12        (a)  To  exercise  control  over  it, or to aid a third person to exercise
13        control over it, permanently or for so extended a  period  or  under  such
14        circumstances  as  to  acquire  the major portion of its economic value or
15        benefit; or
16        (b)  To dispose of the property for the benefit of oneself or a third per-
17        son.
18        (2)  "Deception" means knowingly to:
19        (a)  Create or confirm another's impression which is false and  which  the
20        offender does not believe to be true; or
21        (b)  Fail  to correct a false impression which the offender previously has
22        created or confirmed; or
23        (c)  Prevent another from acquiring information pertinent to the  disposi-
24        tion of the property involved; or
25        (d)  Sell  or otherwise transfer or encumber property, failing to disclose
26        a lien, adverse claim, or other legal impediment to the enjoyment  of  the
27        property  whether  such  impediment  is or is not valid, or is or is not a
28        matter of official record; or
29        (e)  Promise performance which the offender does not intend to perform  or
30        knows  will  not  be performed. Failure to perform, standing alone, is not
31        evidence that the offender did not intend to perform.
32        (3)  "Deprive." To "deprive" another of property means:
33        (a)  To withhold it or cause it to be withheld from him permanently or for
34        so extended a period or under such circumstances that the major portion of
35        its economic value or benefit is lost to him; or
36        (b)  To dispose of the property in such manner or under such circumstances
37        as to render it unlikely that an owner will recover such property.
38        (4)  "Obtain" means:
39        (a)  In relation to property, to bring about a  transfer  of  interest  or
40        possession, whether to the offender or to another; and
41        (b)  In relation to labor or services, to secure the performance thereof.
42        (5)  "Obtains  or exerts control" over property, includes, but is not lim-
43    ited to, the taking, carrying away, or the sale, conveyance,  or  transfer  of


 1    title to, or interest in, or possession of property.
 2        (6)  "Owner." When property is taken, obtained or withheld by one (1) per-
 3    son  from another person, an owner thereof means any person who has a right to
 4    possession thereof superior to that of the taker, obtainer or withholder.
 5        (7)  "Person" means an individual,  corporation,  association,  public  or
 6    private  corporation,  city or other municipality, county, state agency or the
 7    state of Idaho.
 8        (8)  "Property" means anything of value. Property  includes  real  estate,
 9    money,  commercial  instruments,  admission or transportation tickets, written
10    instruments representing or embodying rights  concerning  anything  of  value,
11    labor  or  services,  or  otherwise  of value to the owner; things growing on,
12    affixed to, or found on land, or part of or affixed to any building; electric-
13    ity, gas, steam, and water; birds, animals and fish, which ordinarily are kept
14    in a state of confinement; food and drink; samples, cultures,  microorganisms,
15    specimens,  records,  recordings,  documents,  blueprints, drawings, maps, and
16    whole or partial  copies,  descriptions,  photographs,  prototypes  or  models
17    thereof,  or  any  other articles, materials, devices, substances and whole or
18    partial copies, descriptions, photographs, prototypes or models thereof  which
19    constitute,  represent, evidence, reflect or record a secret scientific, tech-
20    nical, merchandising, production or management information,  design,  process,
21    procedure, formula, invention, or improvement.
22        (9)  "Service"  includes,  but is not limited to, labor, professional ser-
23    vice, transportation service, the supplying of hotel  accommodations,  restau-
24    rant services, entertainment, (a communication system) the supplying of equip-
25    ment for use, and the supplying of commodities of a public utility nature such
26    as  gas, electricity, steam and water. A ticket or equivalent instrument which
27    evidences a right to receive a service is not in itself  service  but  consti-
28    tutes property within the meaning of subsection (8) of this section.
29        (10) "Stolen property" means property over which control has been obtained
30    by theft.
31        (11) "Value." The value of property shall be ascertained as follows:
32        (a)  Except as otherwise specified in this section, value means the market
33        value  of the property at the time and place of the crime, or if such can-
34        not be satisfactorily ascertained, the cost of replacement of the property
35        within a reasonable time after the crime.
36        (b)  Whether or not they have been issued or  delivered,  certain  written
37        instruments,  not  including  those  having a readily ascertainable market
38        value such as some public and corporate bonds  and  securities,  shall  be
39        evaluated as follows:
40             1.  The value of an instrument constituting an evidence of debt, such
41             as  a check, draft or promissory note, shall be deemed the amount due
42             or collectible thereon or thereby, such figure ordinarily  being  the
43             face  amount  of  the indebtedness less any portion thereof which has
44             been satisfied.
45             2.  The value of a ticket or equivalent instrument which evidences  a
46             right  to  receive  a  transportation, entertainment or other service
47             shall be deemed the price stated thereon, if any; and if no price  is
48             stated  thereon the value shall be deemed the price of such ticket or
49             equivalent instrument which the issuer charges the general public.
50             3.  The value of any other instrument which creates,  releases,  dis-
51             charges  or  otherwise affects any valuable legal right, privilege or
52             obligation shall be deemed the greatest amount of economic loss which
53             the owner of the instrument might reasonably suffer by virtue of  the
54             loss of the instrument.
55        (c)  When  the value of property cannot be satisfactorily ascertained pur-


 1        suant to the standards set forth in paragraphs (a) and (b) of this subsec-
 2        tion, its value shall be deemed to be  three hundred   one
 3        thousand  dollars ($ 3  1,0 00) or less.
 4        (d)  For the purpose of establishing value of any written instrument,  the
 5        interest  of  any  owner or owners entitled to part or all of the property
 6        represented by such instrument, by  reason  of  such  instrument,  may  be
 7        shown, even if another owner may be named in the complaint, information or
 8        indictment.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 08535

This bill is one of a series of bills that the Justices of
the Supreme Court transmitted to the Governor in their annual
"defects in the law" report under Art. 5, Sec. 25 of the Idaho

In 1998, the legislature amended I.C.  18-2407 to raise
the dollar amount of petit theft from three hundred dollars or
less to one thousand dollars or less. However, a corresponding
amendment was not made to I.C.  18-2402(11)(c) which
establishes the value of stolen property at the petit theft
level when the market value of the property cannot be
satisfactorily ascertained, to make it consistent with the
dollar amount for petit theft established in I.C.  18-2407.

This bill will bring these two statutes into agreement by
increasing the dollar amount in I.C.  18-2402(11)(c) from three
hundred dollars or less to one thousand dollars or less.

                            FISCAL NOTE

This bill will not have an impact on state or local funds.

Contact Person: 
Patricia Tobias 
Administrative Director of the Courts 
Idaho Supreme Court 
(208) 334-2246

                                                 Statement of Purpose/Fiscal Note    S1007