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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 244
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THEFT; AMENDING SECTION 18-2403, IDAHO CODE, TO STRIKE SUPERFLUOUS
3 LANGUAGE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 18-2408,
4 IDAHO CODE, TO PROVIDE A CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS;
5 AND DECLARING AN EMERGENCY.
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
2
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.
3
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
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
None.
Contact
Name: Representative Kent A. Higgins
Phone:
332 1000
STATEMENT OF PURPOSE/FISCAL NOTE H 24