Print Friendly SENATE BILL NO. 1366 – Theft, 3rd offense, penalty
SENATE BILL NO. 1366
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S1366................................................by JUDICIARY AND RULES
THEFT - Amends existing law to provide for a felony punishment for any
person who pleads guilty to or is found guilty of theft for a third time
within five years. S1367
02/04 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1366
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THEFT; AMENDING SECTION 18-2408, IDAHO CODE, TO PROVIDE FOR FELONY
3 PUNISHMENT FOR CERTAIN REPEAT OFFENSES.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. 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., 8. or 9. of section 18-2407, Idaho Code, is
14 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-
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) Except as otherwise provided in subsection (4) of this section,
27 p Petit theft is a misdemeanor punishable by a fine not exceeding one thousand
28 dollars ($1,000), or by imprisonment in the county jail not exceeding one (1)
29 year or by both.
30 (4) Any person who pleads guilty to or is found guilty of a theft as
31 defined in subsection (1) or (2) of section 18-2407, Idaho Code, or any sub-
32 stantially conforming statute in another state or local jurisdiction for a
33 third time within five (5) years, notwithstanding the form of the judgment or
34 withheld judgment, shall be guilty of a felony and shall be punished by a fine
35 not to exceed one thousand dollars ($1,000) or shall be sentenced to the cus-
36 tody of the state board of correction for a term not to exceed five (5) years
37 or both. Provided however, that the provisions of this subsection shall not be
38 construed to either restrict the state from charging and/or prosecuting a per-
39 son with any grade of theft pursuant to other provisions of this chapter or a
40 court from sentencing a person pursuant to other provisions of this chapter.
STATEMENT OF PURPOSE
This legislation increases the penalty for theft from a misdemeanor
to a felony after repeat offenses. Any person who pleads or is found
guilty of a theft for a third time within five years shall be guilty
of a felony.
The focus of this legislation is mainly on professional retail
thieves, or “boosters”. Retailers estimate that a booster is
apprehended committing theft approximately once every 50-100 times
they commit theft. Using this scale, a person who is caught a third
time would likely have committed 150-300 offenses.
With two prior convictions, the commission of a third offense
certainly indicates that the previous arrests, fines, confinement or
other types of punishment were not successful in changing the
Boosters or repeat criminals make it their business to know the
felony amount in the states where they are committing thefts. With
this in mind, they will steal under the felony amount so if
apprehended, the charge will only be a misdemeanor.
There will be no impact on the General Fund, and no additional cost
to the state or local governments.
CONTACT: Pam Eaton
Idaho Retailers Association
STATEMENT OF PURPOSE/FISCAL NOTE S 1366