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S1353................................................by JUDICIARY AND RULES THEFT DETECTION DEVICE - Adds to existing law to provide criminal penalties for certain uses of a theft detection shielding device. 02/03 Senate intro - 1st rdg - to printing 02/04 Rpt prt - to Jud 02/14 Rpt out - rec d/p - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 34-0-1 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Crow Floor Sponsor - Darrington Title apvd - to House 02/22 House intro - 1st rdg - to Jud 03/10 Rpt out - rec d/p - to 2nd rdg 03/13 2nd rdg - to 3rd rdg 03/23 3rd rdg - PASSED - 62-0-8 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Zimmermann NAYS -- None Absent and excused -- Black, Cuddy, Deal, Gould, Henbest, Smith, Wood, Mr Speaker Floor Sponsor - Montgomery Title apvd - to Senate 03/24 To enrol 03/27 Rpt enrol - Pres signed - Sp signed 03/28 To Governor 03/31 Governor signed Session Law Chapter 129 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1353 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMES; AMENDING CHAPTER 24, TITLE 18, IDAHO CODE, BY THE ADDITION 3 OF A NEW SECTION 18-2411, IDAHO CODE, TO PROVIDE CRIMINAL PENALTIES FOR 4 CERTAIN USES OF A THEFT DETECTION SHIELDING DEVICE AND TO PROVIDE PENAL- 5 TIES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 24, Title 18, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 18-2411, Idaho Code, and to read as follows: 10 18-2411. UNLAWFUL USE OF THEFT DETECTION SHIELDING DEVICES. (1) A person 11 commits unlawful use of a theft detection shielding device when he knowingly 12 manufacturers, sells, offers for sale or distributes any laminated, or coated 13 bag or device peculiar to shielding and intended to shield merchandise from 14 detection by an electronic or magnetic theft alarm sensor. 15 (2) A person commits unlawful possession of a theft detection shielding 16 device when he knowingly possesses any laminated or coated bag or device pecu- 17 liar to and designed for shielding and intended to shield merchandise from 18 detection by an electronic or magnetic theft alarm sensor, with the intent to 19 commit theft. 20 (3) A person commits unlawful possession of a theft detection device 21 remover when he knowingly possesses any tool or device designed to allow the 22 removal of any theft detection device from any merchandise without the permis- 23 sion of the merchant or person owning or holding the merchandise. 24 (4) A person commits the offense of unlawful removal of a theft detection 25 device when he intentionally removes the device from a product prior to pur- 26 chase. 27 (5) A person who commits unlawful use of a theft detection shielding 28 device, unlawful possession of a theft detection shielding device, unlawful 29 possession of a theft detection device remover or unlawful removal of a theft 30 detection device shall be guilty of a misdemeanor for a first offense of a 31 violation of the provisions of this section. Any person who pleads guilty to 32 or is found guilty of a violation of the provisions of this section, or any 33 substantially conforming statute in another state or local jurisdiction for a 34 second time within five (5) years, notwithstanding the form of the judgment(s) 35 or withheld judgment(s), shall be guilty of a felony and shall be punished by 36 a fine not to exceed one thousand dollars ($1,000) or shall be sentenced to 37 the custody of the state board of correction for a term not to exceed five (5) 38 years or both.
STATEMENT OF PURPOSE RS09486C2 Retail theft offenses are continuing to increase at an alarming rate. Many retailers combat such increases by installing electronic articles surveillance systems, known as "'theft detection devices." Persons involved in retail theft often use sophisticated tools for their illegal activity. Such tools include metal or foil-lined shopping bags that shield stolen merchandise from theft detection devices, and tools for removing security sensors and tags affixed to merchandise. These types of fraud are growing in frequency and sophistication. This bill deals with the use of theft detection shielding devices, and theft detection device removers. The bill would create a new section and penalties for the manufacture, possession, distribution or sale of a theft detection shielding device or theft detection device remover. CONTACT: Jennifer Lindsey President, Idaho Retailers Association 342-0010 STATEMENT OF PURPOSE/FISCAL NOTE S 1353