2000 Legislation
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SENATE BILL NO. 1353 – Theft detection shield, use, penlty

SENATE BILL NO. 1353

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Daily Data Tracking History



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

Bill Text


 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 / Fiscal Impact



                                
                      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