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S1347aa..............................................by JUDICIARY AND RULES
DAMS/CANALS/ENERGY FACILITIES - Amends and adds to existing law to provide
that certain injurious acts relating to dams, canals, energy facilities and
other structures are unlawful; and to provide for punishment.
01/31 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/11 Rpt out - to 14th Ord
02/18 Rpt out amen - to engros
02/19 Rpt engros - 1st rdg - to 2nd rdg as amen
02/20 2nd rdg - to 3rd rdg as amen
02/21 3rd rdg as amen - PASSED - 28-1-6
AYES -- Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw,
Cameron, Darrington, Davis, Deide, Dunklin, Goedde, Hill, Ingram,
Ipsen, Keough, Little, Lodge, Noh, Richardson, Risch(Risch),
Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Williams
NAYS -- Hawkins
Absent and excused -- Andreason, Frasure, Geddes, King-Barrutia,
Marley, Sandy
Floor Sponsor - Darrington
Title apvd - to House
02/22 House intro - 1st rdg - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1347
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO MALICIOUS INJURIES TO PROPERTY; AMENDING SECTION 18-7019, IDAHO
3 CODE, TO MAKE GRAMMATICAL CORRECTIONS AND TO REVISE PENALTIES FOR UNLAW-
4 FULLY INJURING DAMS, CANALS AND OTHER STRUCTURES; AND AMENDING CHAPTER 70,
5 TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-7040, IDAHO
6 CODE, TO PROVIDE THAT CERTAIN INJURIOUS ACTS RELATING TO ENERGY FACILITIES
7 SHALL BE UNLAWFUL, TO PROVIDE FOR PUNISHMENT AND TO DEFINE "ENERGY FACIL-
8 ITY."
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-7019, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-7019. INJURING DAMS, CANALS, AND OTHER STRUCTURES -- PENALTY. Every
13 person who wilfully willfully and maliciously cuts, breaks, injures or
14 destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir
15 or other structure erected to create hydraulic power, or to drain or reclaim
16 any swamp and overflowed or marsh land, or to conduct water for mining, manu-
17 facturing, reclamation or agricultural purposes, or any embankment necessary
18 to the same, or either of them; or wilfully who willfully or maliciously
19 makes, or causes to be made, any aperture in such dam, canal, flume, aqueduct,
20 reservoir, embankment, levee or structure, with intent to injure or destroy
21 the same, is punishable shall be punished by a fine not exceeding fifty thou-
22 sand dollars ($150,000), or by imprisonment in the state prison not exceeding
23 two ten (10) years, or by both.
24 SECTION 2. That Chapter 70, Title 18, Idaho Code, be, and the same is
25 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
26 ignated as Section 18-7040, Idaho Code, and to read as follows:
27 18-7040. DAMAGE TO ENERGY FACILITIES. (1) Any person who maliciously dam-
28 ages or attempts to damage the property of an energy facility in an amount
29 that exceeds, or would have exceeded if the attempted offense had been com-
30 pleted, ten thousand dollars ($10,000), or who maliciously causes or attempts
31 to cause a significant interruption or impairment of a function of an energy
32 facility, shall be punished by imprisonment for a term not exceeding ten (10)
33 years, by a fine not exceeding fifty thousand dollars ($50,000), or by both.
34 (2) For purposes of this section, the term "energy facility" means a
35 facility that is involved in the production, storage, transmission or distri-
36 bution of electricity, fuel or another form or source of energy, or a facility
37 that is involved in energy research development or a demonstration facility
38 relating thereto, regardless of whether such facility is still under construc-
39 tion or is otherwise not functioning, including any nuclear production facil-
40 ity or utilization facility, nuclear waste storage facility, or uranium stor-
41 age facility licensed under the provisions of the United States Code, or any
2
1 nuclear fuel for such a utilization facility or any spent nuclear fuel from
2 such a facility. The property of an energy facility includes any computer,
3 computer system or computer network, and any computer software, program, docu-
4 mentation or data contained in such computer, computer system or computer net-
5 work.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Barrutia
Seconded by Risch
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1347
1 AMENDMENT TO THE BILL
2 On page 2, following line 5, insert:
3 "SECTION 3. An emergency existing therefor, which emergency is hereby
4 declared to exist, this act shall be in full force and effect on and after its
5 passage and approval.".
6 CORRECTIONS TO TITLE
7 On page 1, in line 8, delete "ITY."" and insert: "ITY"; AND DECLARING AN
8 EMERGENCY.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1347, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO MALICIOUS INJURIES TO PROPERTY; AMENDING SECTION 18-7019, IDAHO
3 CODE, TO MAKE GRAMMATICAL CORRECTIONS AND TO REVISE PENALTIES FOR UNLAW-
4 FULLY INJURING DAMS, CANALS AND OTHER STRUCTURES; AND AMENDING CHAPTER 70,
5 TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-7040, IDAHO
6 CODE, TO PROVIDE THAT CERTAIN INJURIOUS ACTS RELATING TO ENERGY FACILITIES
7 SHALL BE UNLAWFUL, TO PROVIDE FOR PUNISHMENT AND TO DEFINE "ENERGY FACIL-
8 ITY"; AND DECLARING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-7019, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-7019. INJURING DAMS, CANALS, AND OTHER STRUCTURES -- PENALTY. Every
13 person who wilfully willfully and maliciously cuts, breaks, injures or
14 destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir
15 or other structure erected to create hydraulic power, or to drain or reclaim
16 any swamp and overflowed or marsh land, or to conduct water for mining, manu-
17 facturing, reclamation or agricultural purposes, or any embankment necessary
18 to the same, or either of them; or wilfully who willfully or maliciously
19 makes, or causes to be made, any aperture in such dam, canal, flume, aqueduct,
20 reservoir, embankment, levee or structure, with intent to injure or destroy
21 the same, is punishable shall be punished by a fine not exceeding fifty thou-
22 sand dollars ($150,000), or by imprisonment in the state prison not exceeding
23 two ten (10) years, or by both.
24 SECTION 2. That Chapter 70, Title 18, Idaho Code, be, and the same is
25 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
26 ignated as Section 18-7040, Idaho Code, and to read as follows:
27 18-7040. DAMAGE TO ENERGY FACILITIES. (1) Any person who maliciously dam-
28 ages or attempts to damage the property of an energy facility in an amount
29 that exceeds, or would have exceeded if the attempted offense had been com-
30 pleted, ten thousand dollars ($10,000), or who maliciously causes or attempts
31 to cause a significant interruption or impairment of a function of an energy
32 facility, shall be punished by imprisonment for a term not exceeding ten (10)
33 years, by a fine not exceeding fifty thousand dollars ($50,000), or by both.
34 (2) For purposes of this section, the term "energy facility" means a
35 facility that is involved in the production, storage, transmission or distri-
36 bution of electricity, fuel or another form or source of energy, or a facility
37 that is involved in energy research development or a demonstration facility
38 relating thereto, regardless of whether such facility is still under construc-
39 tion or is otherwise not functioning, including any nuclear production facil-
40 ity or utilization facility, nuclear waste storage facility, or uranium stor-
41 age facility licensed under the provisions of the United States Code, or any
2
1 nuclear fuel for such a utilization facility or any spent nuclear fuel from
2 such a facility. The property of an energy facility includes any computer,
3 computer system or computer network, and any computer software, program, docu-
4 mentation or data contained in such computer, computer system or computer net-
5 work.
6 SECTION 3. An emergency existing therefor, which emergency is hereby
7 declared to exist, this act shall be in full force and effect on and after its
8 passage and approval.
STATEMENT OF PURPOSE
RS ll7llCl
This legislation would provide additional protection for Idaho’s
infrastructure. It increases the penalty for willfully and
maliciously damaging dams, canals and other structures used to
conduct water. It also contains a new provision, defining “energy
facilities”; providing that maliciously damaging or attempting to
damage such facilities in an amount exceeding $10,000, or causing a
significant interruption or impairment of a function of such a
felony, is a felony; and provides appropriate penalties.
FISCAL IMPACT
There is no fiscal impact to the general fund.
CONTACTS:
Name: Steve Tobiason, Deputy Attorney General
Agency: Office of The Attorney General
Phone: 334-4151
Statement of Purpose/Fiscal Impact S 1347