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S1352................................................by JUDICIARY AND RULES TELECOMMUNICATIONS LINE/INSTRUMENT - DESTRUCTION - Adds to existing law to provide that the malicious destruction of a telecommunications line or instrument is a crime; and to provide penalties. 01/31 Senate intro - 1st rdg - to printing 02/01 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1352 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MALICIOUS DESTRUCTION OF A TELECOMMUNICATION LINE OR TELECOMMUNI- 3 CATION INSTRUMENT; AMENDING CHAPTER 68, TITLE 18, IDAHO CODE, BY THE ADDI- 4 TION OF A NEW SECTION 18-6810, IDAHO CODE, TO PROVIDE FOR THE CRIME OF 5 MALICIOUS DESTRUCTION OF A TELECOMMUNICATION LINE OR TELECOMMUNICATION 6 INSTRUMENT AND TO PROVIDE PENALTIES. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 68, Title 18, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 18-6810, Idaho Code, and to read as follows: 11 18-6810. MALICIOUS DESTRUCTION OF A TELECOMMUNICATION LINE OR TELECOMMU- 12 NICATION INSTRUMENT. Any person who unlawfully and maliciously takes down, 13 removes, injures or obstructs any telegraph, telephone or cable television 14 line or any other line used to conduct electricity, or any part thereof, or 15 appurtenances or apparatus connected therewith, or severs any wire thereof, or 16 makes any unauthorized connection with any line other than a telegraph, tele- 17 phone or cable television line used to conduct electricity, or any part 18 thereof, or appurtenances or apparatus connected therewith, or who unlawfully 19 and maliciously takes down, removes, injures or obstructs any telephone 20 instrument used to facilitate the transmission of messages, signals, facsimi- 21 les, video images or other communication between persons who are physically 22 separated from each other by means of telephone, telegraph, cable, wire or the 23 projection of energy without physical connection (wireless or cellular), is 24 guilty of a misdemeanor for a first offense and shall be punished by a fine of 25 up to one thousand dollars ($1,000) or by imprisonment in the county jail for 26 up to one (1) year, or both. For a second or subsequent offense, the person 27 shall be guilty of a felony and shall be punished by imprisonment in the state 28 prison for a term not in excess of five (5) years, or by a fine not in excess 29 of fifty thousand dollars ($50,000) or both.
STATEMENT OF PURPOSE RS 11535C1 The purpose of this bill is to create an offense for maliciously destroying telecommunication lines or equipment. Although it may be applied more broadly by prosecutors, the impetus for the bill is to prevent or punish batterers in situations of domestic violence who prevent calls for help. The first offense would be a misdemeanor and subsequent offenses a felony. FISCAL IMPACT The fiscal impact to the state would be the cost of imprisoning anyone convicted of a felony. The county would bear the cost of jailing misdemeanor convictions. Contact Name: Ken Brooks or Laura Bonneville, Kootenai County Prosecutors Phone:208.769.4465 Sen. Betsy Dunklin Rep. Wendy Jaquet STATEMENT OF PURPOSE/FISCAL NOTE S 1352