2001 Legislation
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HOUSE BILL NO. 244 – Theft/”criminal episode”/penalty


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Daily Data Tracking History

H0244................................by JUDICIARY, RULES AND ADMINISTRATION
THEFT - Amends existing law relating to theft to strike superfluous
language; and to provide a code reference to include theft during a
"criminal episode" in the penalty statute.
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to Jud
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 59-0-11
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Eskridge, Field(13), Field(20), Hadley,
      Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Kellogg,
      Kendell, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer,
      Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts,
      Sali, Sellman, Shepherd, Smylie, Stevenson, Stone, Swan, Tilman,
      Trail, Wheeler, Wood, Young
      NAYS -- None
      Absent and excused -- Ellsworth, Gagner, Gould, Jones, Langford,
      Montgomery, Ridinger, Robison, Schaefer, Smith, Mr. Speaker
    Floor Sponsor -- Higgins
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Jud
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor -- Lodge
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/22    Governor signed
         Session Law Chapter 112
         Effective: 03/22/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 244
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Section 18-2403, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
  9        18-2403.  THEFT. (1) A person steals property and commits theft when, with
 10    intent to deprive another of property or to appropriate the same to himself or
 11    to a third person, he wrongfully takes, obtains  or  withholds  such  property
 12    from an owner thereof.
 13        (2)  Theft  includes  a  wrongful  taking,  obtaining  or  withholding  of
 14    another's  property, with the intent prescribed in subsection (1) of this sec-
 15    tion, committed in any of the following ways:
 16        (a)  By deception obtains or exerts control over property of the owner;
 17        (b)  By conduct heretofore defined or known as larceny; common law larceny
 18        by trick; embezzlement; extortion;  obtaining  property,  money  or  labor
 19        under false pretenses; or receiving stolen goods;
 20        (c)  By  acquiring  lost property. A person acquires lost property when he
 21        exercises control over property of another which he  knows  to  have  been
 22        lost or mislaid, or to have been delivered under a mistake as to the iden-
 23        tity  of  the  recipient  or the nature or amount of the property, without
 24        taking reasonable measures to return such property to the owner; or a per-
 25        son commits theft of lost or mislaid property when he:
 26             1.  Knows or learns the identity of the owner or knows, or  is  aware
 27             of, or learns of a reasonable method of identifying the owner; and
 28             2.  Fails  to take reasonable measures to restore the property to the
 29             owner; and
 30             3.  Intends to deprive the owner permanently of the use or benefit of
 31             the property.
 32        (d)  By false promise:
 33             1.  A person obtains property by false promise  when  pursuant  to  a
 34             scheme  to defraud, he obtains property of another by means of a rep-
 35             resentation, express or implied, that he or a third  person  will  in
 36             the  future engage in particular conduct, and when he does not intend
 37             to engage in such conduct or, as the case may be,  does  not  believe
 38             that the third person intends to engage in such conduct.
 39             2.  In  any  prosecution  for  theft  based upon a false promise, the
 40             defendant's intention or belief that the promise would  not  be  per-
 41             formed may not be established by or inferred from the fact alone that
 42             such promise was not performed. Such a finding may be based only upon
 43             evidence  establishing  that  the facts and circumstances of the case
  1             are consistent with guilty intent or  belief  and  inconsistent  with
  2             innocent  intent  or belief, and excluding to a moral certainty every
  3             reasonable hypothesis except that of  the  defendant's  intention  or
  4             belief that the promise would not be performed;
  5        (e)  By  extortion. A person obtains property by extortion when he compels
  6        or induces another person to deliver such property  to  himself  or  to  a
  7        third person by means of instilling in him a fear that, if the property is
  8        not so delivered, the actor or another will:
  9             1.  Cause physical injury to some person in the future; or
 10             2.  Cause damage to property; or
 11             3.  Engage in other conduct constituting a crime; or
 12             4.  Accuse  some  person  of  a crime or cause criminal charges to be
 13             instituted against him; or
 14             5.  Expose a secret or publicize an asserted fact,  whether  true  or
 15             false,  tending  to  subject some person to hatred, contempt or ridi-
 16             cule; or
 17             6.  Cause a strike, boycott or other collective  labor  group  action
 18             injurious  to some person's business; except that such a threat shall
 19             not be deemed extortion when the property is demanded or received for
 20             the benefit of the group in whose interest the actor purports to act;
 21             or
 22             7.  Testify or provide information or withhold testimony or  informa-
 23             tion with respect to another's legal claim or defense; or
 24             8.  Use  or abuse his position as a public servant by performing some
 25             act within or related to his official duties, or by failing or refus-
 26             ing to perform an official duty, in such manner  as  to  affect  some
 27             person adversely; or
 28             9.  Perform  any other act which would not in itself materially bene-
 29             fit the actor but which is calculated to harm another person  materi-
 30             ally  with  respect to his health, safety, business, calling, career,
 31             financial condition, reputation or personal relationships.
 32        (3)  A person commits theft when he knowingly takes or exercises  unautho-
 33    rized  control  over, or makes an unauthorized transfer of an interest in, the
 34    property of another person, with the intent of depriving the owner thereof.
 35        (4)  A person commits theft when he knowingly receives, retains, conceals,
 36    obtains control over, possesses, or disposes of stolen property,  knowing  the
 37    property  to  have been stolen by another or under such circumstances as would
 38    reasonably induce him to believe that the property was stolen, and
 39        (a)  Intends to deprive the owner permanently of the use or benefit of the
 40        property; or
 41        (b)  Knowingly uses, conceals or abandons the property in such  manner  as
 42        to deprive the owner permanently of such use or benefit; or
 43        (c)  Uses,  conceals,  or abandons the property knowing such use, conceal-
 44        ment or abandonment probably will deprive the owner  permanently  of  such
 45        use or benefit.
 46        (5)  Theft of labor or services or use of property.
 47        (a)  A person commits theft when he obtains the temporary use of property,
 48        labor  or  services of another which are available only for hire, by means
 49        of threat or deception or knowing that such use is without the consent  of
 50        the person providing the property, labor or services.
 51        (b)  A  person commits theft when after renting or leasing a motor vehicle
 52        under an agreement in writing which provides for the return of the vehicle
 53        to a particular place at a  particular  time,  he  wilfully  willfully  or
 54        intentionally fails to return the vehicle to that place within forty-eight
 55        (48) hours after the time specified.
  1        (c)  A  person  commits  theft  if, having control over the disposition of
  2        services of others, to which he is not entitled, he knowingly diverts such
  3        services to his own benefit or to the  benefit  of  another  not  entitled
  4        thereto.
  5        SECTION  2.  That  Section 18-2408, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
  7        18-2408.  PUNISHMENT FOR THEFT. (1) Grand theft committed in a manner pre-
  8    scribed in subsection (1)(a) of section 18-2407, Idaho Code, is a felony  pun-
  9    ishable  by  fine not exceeding ten thousand dollars ($10,000) or imprisonment
 10    in the state prison for not less than one (1) year nor more than  twenty  (20)
 11    years, or by both such fine and imprisonment.
 12        (2)  (a) Grand  theft  committed  in  a  manner  prescribed  in subsection
 13        (1)(b)1., 2., 3., 4., 5., 6., or 8. or 9. of section 18-2407, Idaho  Code,
 14        is  a  felony  punishable  by  a  fine not exceeding five thousand dollars
 15        ($5,000), or by imprisonment in the state prison for not less than one (1)
 16        year nor more than fourteen (14) years, or by both such fine and imprison-
 17        ment.
 18        (b)  Grand theft committed in a manner prescribed in  subsection  (1)(b)7.
 19        of  section  18-2407,  Idaho Code, is a felony punishable by a fine of not
 20        less than one thousand dollars ($1,000) nor more than five  thousand  dol-
 21        lars ($5,000), and the minimum fine shall not be suspended or withheld, or
 22        by  imprisonment  in  the  state prison for not less than one (1) year nor
 23        more than fourteen (14) years, or by both such fine and  imprisonment.  In
 24        addition,  the  court  shall  assess  civil damages as provided in section
 25        25-1910, Idaho Code.
 26        (3)  Petit theft is a misdemeanor punishable by a fine not  exceeding  one
 27    thousand dollars ($1,000), or by imprisonment in the county jail not exceeding
 28    one (1) year or by both.
 29        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 30    declared to exist, this act shall be in full force and effect on and after its
 31    passage and approval.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 11007
This legislation will clarify Idaho Code, Section 18 2403, by
striking superfluous language. It also makes a technical
correction to Idaho Code, Section 18-2408, which defines grand
theft, by adding reference to subsection 9 of Idaho Code,
Section 18-2407, which was added as a grand thef.t provision in
last year s legislature.

                         FISCAL IMPACT

      Name: Representative Kent A. Higgins
      332 1000

STATEMENT OF PURPOSE/FISCAL NOTE                                H 24