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S1332................................................by JUDICIARY AND RULES AGRICULTURAL RESEARCH - INTERFERENCE - Adds to existing law to provide the crime of interference with agricultural research; to provide penalties; to define terms and to provide for restitution. 01/29 Senate intro - 1st rdg - to printing 01/30 Rpt prt - to Jud 02/07 Rpt out - rec d/p - to 2nd rdg 02/08 2nd rdg - to 3rd rdg 02/11 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- Geddes, Richardson Floor Sponsor - Burtenshaw Title apvd - to House 02/12 House intro - 1st rdg - to Jud 03/08 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/12 3rd rdg - PASSED - 66-2-2 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- Henbest, Smylie Absent and excused -- Crow, Smith(23) Floor Sponsor - Pearce Title apvd - to Senate 03/13 To enrol Rpt enrol - Pres signed 03/14 Sp signed - to Governor 03/25 Governor signed Session Law Chapter 263 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1332 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CERTAIN TRESPASS CRIMES; AMENDING CHAPTER 70, TITLE 18, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 18-7040, IDAHO CODE, TO PROVIDE THE 4 CRIME OF INTERFERENCE WITH AGRICULTURAL RESEARCH, TO PROVIDE PENALTIES, TO 5 DEFINE TERMS AND TO PROVIDE FOR RESTITUTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 70, 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 18-7040, Idaho Code, and to read as follows: 10 18-7040. INTERFERENCE WITH AGRICULTURAL RESEARCH. (1) A person commits 11 the crime of interference with agricultural research if the person knowingly: 12 (a) Damages any property at an agricultural research facility with the 13 intent to damage or hinder agricultural research or experimentation; 14 (b) Obtains any property of an agricultural research facility with the 15 intent to damage or hinder agricultural research or experimentation; 16 (c) Obtains access to an agricultural research facility by misrepresenta- 17 tion with the intent to perform acts that would damage or hinder agricul- 18 tural research or experimentation; 19 (d) Enter an agricultural research facility with the intent to damage, 20 alter, duplicate or obtain unauthorized possession of records, data, mate- 21 rials, equipment or specimens related to agricultural research or experi- 22 mentation; 23 (e) Without the authorization of the agricultural research facility, 24 obtains or exercises control over records, data, materials, equipment or 25 specimens of the agricultural research facility with the intent to destroy 26 or conceal the records, data, materials, equipment or specimens; or 27 (f) Releases or steals an animal from, or causes the death, injury or 28 loss of an animal at an agricultural research facility. 29 (2) A person found guilty of committing the crime of interference with 30 agricultural research shall be guilty of a felony and shall be punished by a 31 term of imprisonment of not more than twenty (20) years or by a fine not in 32 excess of ten thousand dollars ($10,000), or by both such fine and imprison- 33 ment. 34 (3) For purposes of this section: 35 (a) "Agricultural research facility" means any structure or land, whether 36 privately or publicly owned, leased or operated, that is being used for 37 agricultural research or experimentation. 38 (b) "Agricultural research or experimentation" means the lawful study, 39 analysis or testing of plants or animals, or the use of plants or animals 40 to conduct studies, analyses, testing or teaching, for the purpose of 41 improving farming, forestry or animal husbandry. 42 (4) In addition to any other penalty imposed for a violation of this sec- 43 tion, the court shall require any person convicted, found guilty or who pleads 2 1 guilty to a violation of this section to make restitution to the victim of the 2 offense in accordance with the terms of section 19-5304, Idaho Code; provided, 3 that such award shall be in an amount equal to twice the value of the crop, 4 crop product, timber, timber product, livestock or equipment damaged or 5 destroyed. In ordering restitution under this section, the court shall, in the 6 determination of value, consider: 7 (a) The market value of the crop, crop product, timber, timber product, 8 livestock, or equipment that has been damaged or destroyed; 9 (b) Production, research, testing, replacement and development costs 10 directly related to the crop, crop product, timber, timber product, live- 11 stock or equipment that has been damaged or destroyed; 12 (c) the costs of repeating an experiment, including the replacement of 13 the records, data, equipment, specimens, labor and materials, if acts con- 14 stituting the violation cause the failure of an experiment in progress or 15 irreparably damage completed research or experimentation.
STATEMENT OF PURPOSE RS 11667C2 Due to increased attacks upon the Agricultural Research and Biotech facilities, it is imperative to clarify and amend the Idaho Code Chapter 70, Title 18, adding a new Section 18-7040, dealing with interference with Agricultural research, providing penalties and restitution. FISCAL IMPACT There is no fiscal impact to the general fund. Contact Name: Sen. Burtenshaw Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE S 1332