S1355aaH.............................................by JUDICIARY AND RULES GRAND THEFT - Amends existing law to provide that a person is guilty of grand theft if property has an aggregate value over fifty dollars and is taken during three or more incidents of theft during a criminal episode; and to define the term "criminal episode." 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 - Risch Title apvd - to House 02/22 House intro - 1st rdg - to Jud 03/14 Rpt out - to Gen Ord - rpt out amen - to 1st rdg as amen 03/15 1st rdg - to 2nd rdg as amen 03/16 2nd rdg - to 3rd rdg as amen 03/29 3rd rdg as amen - PASSED - 56-6-8 AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jones, Judd, Kellogg, Kempton, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Mortensen, Moss, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson, Taylor, Tilman, Trail, Wheeler, Zimmermann NAYS -- Jaquet, Kendell, Montgomery, Ringo, Smith, Stoicheff Absent and excused -- Barrett, Crow, Deal, Geddes, Moyle, Stone, Wood, Mr Speaker Floor Sponsor - Moss Title apvd - to Senate 03/30 Senate concurred in House amens - to engros Rpt engros - 1st rdg - to 2nd rdg as amen 03/31 2nd rdg - to 3rd rdg as amen 04/03 3rd rdg as amen - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, 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 -- None Floor Sponsor - Ingram Title apvd - to enrol 04/04 Rpt enrol - Pres signed - Sp signed 04/05 To Governor 04/12 Governor signed Session Law Chapter 243 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1355, As Amended in the House BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THEFT; AMENDING SECTION 18-2407, IDAHO CODE, TO PROVIDE THAT A 3 PERSON IS GUILTY OF GRAND THEFT IF PROPERTY HAS AN AGGREGATE VALUE OVER 4 FIFTY DOLLARS AND IS TAKEN DURING THREE OR MORE INCIDENTS OF THEFT DURING 5 A CRIMINAL EPISODE AND TO DEFINE THE TERM "CRIMINAL EPISODE"; AND PROVID- 6 ING AN EFFECTIVE DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-2407, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-2407. GRADING OF THEFT. Theft is divided into two (2) degrees, grand 11 theft and petit theft. 12 (1) Grand theft. 13 (a) A person is guilty of grand theft when he commits a theft as defined 14 in this chapter and when the property, regardless of its nature and value, 15 is obtained by extortion committed by instilling in the victim a fear that 16 the actor or another person will: 17 1. Cause physical injury to some person in the future; or 18 2. Cause damage to property; or 19 3. Use or abuse his position as a public servant by engaging in con- 20 duct within or related to his official duties, or by failing or 21 refusing to perform an official duty, in such manner as to affect 22 some person adversely. 23 (b) A person is guilty of grand theft when he commits a theft as defined 24 in this chapter and when: 25 1. The value of the property taken exceeds one thousand dollars 26 ($1,000); or 27 2. The property consists of a public record, writing or instrument 28 kept, filed or deposited according to law with or in the keeping of 29 any public office or public servant; or 30 3. The property consists of a credit card; or 31 4. The property, regardless of its nature or value, is taken from 32 the person of another; or 33 5. The property, regardless of its nature and value, is obtained by 34 extortion; or 35 6. The property consists of one (1) or more firearms, rifles or 36 shotguns; or 37 7. The property taken or deliberately killed is livestock or any 38 other animal exceeding one hundred fifty dollars ($150) in value. 39 8. When any series of thefts, comprised of individual thefts having 40 a value of one thousand dollars ($1,000) or less, are part of a com- 41 mon scheme or plan, the thefts may be aggregated in one (1) count and 42 the sum of the value of all of the thefts shall be the value consid- 43 ered in determining whether the value exceeds one thousand dollars 2 1 ($1,000); or 2 9. The property has an aggregate value over fifty dollars ($50.00) 3 and is stolen during three (3) or more incidents of theft during a 4 criminal episode. For purposes of this subparagraph a "criminal epi- 5 sode" shall mean a series of unlawful acts committed over a period of 6 up to three (3) days. 7 (2) Petit theft. A person is guilty of petit theft when he commits a 8 theft as defined in this chapter and his actions do not constitute grand 9 theft. 10 SECTION 2. This act shall be in full force and effect on and after July 11 1, 2000.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Sali Seconded by Ellsworth IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1355 1 AMENDMENTS TO SECTION 1 2 On page 2 of the printed bill, in line 2, following "property" insert: 3 "has an aggregate value over fifty dollars ($50.00) and"; in line 3, following 4 "episode" insert: ".", delete the remainder of the line, and in line 4, delete 5 "erty.". 6 CORRECTIONS TO TITLE 7 On page 1, in line 3, following "PROPERTY" insert: "HAS AN AGGREGATE VALUE 8 OVER FIFTY DOLLARS AND IS" and also in line 3, delete the second "IS"; in line 9 4, following "EPISODE" delete the remainder of the line, and in line 5, delete 10 "OF THE PROPERTY".
STATEMENT OF PURPOSE RS09488C1 Retail theft continues to escalate in frequency and sophistication. As subjects involved in retail theft evolve their methods, they also become cognizant of the existing dollar value stipulated in state statutes that is required to commit a grand theft offense. In an attempt to evade stronger penalties, subjects will commit thefts from several establishments, taking less than a grand theft amount from each. This bill would change existing law to provide for a penalty of grand theft for persons who are apprehended and charged with goods stolen during three or more incidents during a criminal episode (defined as up to three days), regardless of the value of the property stolen. FISCAL IMPACT There will be no impact on the General Fund, and no additional cost to state or local governments. CONTACT: Jennifer Lindsey President, Idaho Retailers Association 342-0010 STATEMENT OF PURPOSE/FISCAL NOTE S 1355