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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 - 2002
IN 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