2000 Legislation
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SENATE BILL NO. 1355, As Amended in the House – Grand theft, 3+ thefts/$50 value

SENATE BILL NO. 1355, As Amended in the House

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


 S1355
                                                                        
                                                                        
  ||||              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.

Amendment


 AS1355
                                                                        
                                                                        
  ||||              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 / Fiscal Impact




                     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