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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
NAYS--None
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
S1007|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1007 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THEFT; AMENDING SECTION 18-2402, IDAHO CODE, TO PROVIDE THAT WHEN 3 THE VALUE OF STOLEN PROPERTY CANNOT BE SATISFACTORILY ASCERTAINED, THE 4 VALUE SHALL BE DEEMED TO BE ONE THOUSAND DOLLARS OR LESS. 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 2 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- 3 1 suant to the standards set forth in paragraphs (a) and (b) of this subsec- 2 tion, its value shall be deemed to bethree hundredone 3 thousand dollars ($31,0 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
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
Constitution
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