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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
S1353
|||| 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