2002 Legislation
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SENATE BILL NO. 1451 – Telecomm line/instrument/destructn

SENATE BILL NO. 1451

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Daily Data Tracking History



S1451aaH.............................................by JUDICIARY AND RULES
TELECOMMUNICATIONS LINE/INSTRUMENT - DESTRUCTION - Adds to existing law to
provide that the intentional destruction of a telecommunications line or
instrument is a crime; and to provide penalties.
                                                                        
02/14    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
      Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
      Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Hawkins
    Floor Sponsor - Dunklin
    Title apvd - to House
03/05    House intro - 1st rdg - to Jud
03/14    Rpt out - to Gen Ord
    Rpt out amen - to 1st rdg as amen
03/15    1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 64-1-5
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Martinez, McKague, Meyer, Mortensen, Pischner,
      Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone,
      Tilman, Trail, Wheeler, Wood, Mr. Speaker
      NAYS -- Pearce
      Absent and excused -- Aikele, Gagner, Montgomery, Moyle, Young
    Floor Sponsor - Jaquet
    Title apvd - to Senate
03/15    Senate concurred in House amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
      Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
      Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Dunklin
    Title apvd - to enrol
03/18    Rpt enrol - Pres signed - Sp signed
03/18    To Governor
03/22    Governor signed
         Session Law Chapter 227
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1451
                                                                        
                              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 maliciously takes down,  removes,  injures
 13    or obstructs in any manner any telecommunication line or, any part thereof, or
 14    appurtenances  or apparatus connected therewith, or severs any wire thereof or
 15    who maliciously takes, withholds, takes down, removes,  injures  or  obstructs
 16    any  telephone instrument or other instrument that is used or could be used to
 17    facilitate the transmission of messages, signals, facsimiles, video images  or
 18    other communication  by means of telephone, telegraph, cable, wire or the pro-
 19    jection  of  energy  or waves without physical connection (such as wireless or
 20    cellular), with the intent to prohibit, disrupt, inhibit, delay, disconnect or
 21    otherwise interfere with a person's ability to make contact with or  otherwise
 22    communicate  with an emergency service provider is guilty of a misdemeanor for
 23    a first offense and shall be punished by a fine of up to one thousand  dollars
 24    ($1,000)  or  by  imprisonment  in  the county jail for up to one (1) year, or
 25    both.  For a second or subsequent offense, the person shall  be  guilty  of  a
 26    felony  and  shall  be punished by imprisonment in the state prison for a term
 27    not in excess of five (5) years, or by a fine not in excess of fifty  thousand
 28    dollars ($50,000) or both.
 29        (2)  For  purposes  of  this  statute, a "telecommunication line" shall be
 30    defined as any line used or that could be used for  the  transmission  of  any
 31    type of message or information, regardless of form or content.
 32        (3)  For  purposes  of  this  statute,  an  "emergency  service  provider"
 33    includes  law enforcement, emergency medical service providers (including, but
 34    not limited to, ambulance, EMS, or paramedic service providers), fire suppres-
 35    sion service providers, dispatch centers, dispatch personnel, and any  person,
 36    entity, or security business (including private business) that has the author-
 37    ity  to  dispatch such service providers or that otherwise makes available the
 38    service of requesting a response, or providing notification of the need for  a
 39    response,  by  any  of  the  foregoing  emergency  service providers. The term
 40    "emergency service provider" shall also  include  any  personnel,  service  or
 41    entity that can be contacted, either directly or indirectly, by dialing "911."

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Smith               
                                                                        
                                                     Seconded by Bieter              
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO S.B. NO. 1451
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 11, delete "MALICIOUS" and  insert:
  3    "INTENTIONAL";  in  line 12, delete "maliciously" and insert: "intentionally";
  4    in line 15, delete "maliciously" and insert: "intentionally"; and delete lines
  5    25 through 28 and insert: "both.".
                                                                        
  6                                 CORRECTIONS TO TITLE
  7        On page 1, in line 2, delete "MALICIOUS" and insert: "INTENTIONAL"; and in
  8    line 5, delete "MALICIOUS" and insert: "INTENTIONAL".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                       SENATE BILL NO. 1451, As Amended in the House
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INTENTIONAL DESTRUCTION OF A TELECOMMUNICATION LINE OR  TELECOMMU-
  3        NICATION  INSTRUMENT;  AMENDING  CHAPTER  68, TITLE 18, IDAHO CODE, BY THE
  4        ADDITION OF A NEW SECTION 18-6810, IDAHO CODE, TO PROVIDE FOR THE CRIME OF
  5        INTENTIONAL 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.  INTENTIONAL  DESTRUCTION OF A TELECOMMUNICATION LINE OR TELECOM-
 12    MUNICATION INSTRUMENT. Any  person  who  intentionally  takes  down,  removes,
 13    injures  or  obstructs  in  any manner any telecommunication line or, any part
 14    thereof, or appurtenances or apparatus connected therewith, or severs any wire
 15    thereof or who intentionally takes, withholds, takes down, removes, injures or
 16    obstructs any telephone instrument or other instrument that is used  or  could
 17    be used to facilitate the transmission of messages, signals, facsimiles, video
 18    images  or  other communication  by means of telephone, telegraph, cable, wire
 19    or the projection of energy or waves  without  physical  connection  (such  as
 20    wireless  or  cellular), with the intent to prohibit, disrupt, inhibit, delay,
 21    disconnect or otherwise interfere with a person's ability to make contact with
 22    or otherwise communicate with an emergency service provider  is  guilty  of  a
 23    misdemeanor  for  a first offense and shall be punished by a fine of up to one
 24    thousand dollars ($1,000) or by imprisonment in the county jail for up to  one
 25    (1) year, or both.
 26        (2)  For  purposes  of  this  statute, a "telecommunication line" shall be
 27    defined as any line used or that could be used for  the  transmission  of  any
 28    type of message or information, regardless of form or content.
 29        (3)  For  purposes  of  this  statute,  an  "emergency  service  provider"
 30    includes  law enforcement, emergency medical service providers (including, but
 31    not limited to, ambulance, EMS, or paramedic service providers), fire suppres-
 32    sion service providers, dispatch centers, dispatch personnel, and any  person,
 33    entity, or security business (including private business) that has the author-
 34    ity  to  dispatch such service providers or that otherwise makes available the
 35    service of requesting a response, or providing notification of the need for  a
 36    response,  by  any  of  the  foregoing  emergency  service providers. The term
 37    "emergency service provider" shall also  include  any  personnel,  service  or
 38    entity that can be contacted, either directly or indirectly, by dialing "911."

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS 12076

This bill will create an offense for maliciously destroying
telecommunications lines or equipment, with the first offense being a
misdemeanor and subsequent offenses a felony. The defines
"telecommunication line" and "emergency service provider" for the
purposes of this bill.


                         FISCAL IMPACT



There would be no direct fiscal impact to state general funds. The
state would bear the cost of imprisoning, and the counties for
jailing, anyone convicted and ordered to jail or prison.





Contact
Name:  Laura Bonneville, Kootenai County Prosecutor's Office
Phone:  208.769.4465
Sen. Betsy Dunklin
Rep. Wendy Jaquet



STATEMENT OF PURPOSE/FISCAL NOTE         S 1451