2002 Legislation
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SENATE BILL NO. 1455 – Commerce, interference, penalty

SENATE BILL NO. 1455

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Daily Data Tracking History



S1455......................................................by STATE AFFAIRS
COMMERCE - INTERFERENCE - Adds to existing law to define terms; to provide
a misdemeanor crime of interference with commerce; to provide a felony
crime of interference with commerce; to provide penalties; to provide
application of federal labor relations statutes; and to provide application
of certain federal and state constitutional provisions.
                                                                        
02/14    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1455
                                                                        
                                 BY STATE AFFAIRS 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 18-7041, IDAHO CODE, TO DEFINE
  4        TERMS, TO PROVIDE A MISDEMEANOR CRIME OF INTERFERENCE  WITH  COMMERCE,  TO
  5        PROVIDE  A  FELONY  CRIME OF INTERFERENCE WITH COMMERCE, TO PROVIDE PENAL-
  6        TIES, TO PROVIDE APPLICATION OF FEDERAL LABOR RELATIONS  STATUTES  AND  TO
  7        PROVIDE  APPLICATION  OF  CERTAIN FEDERAL AND  STATE CONSTITUTIONAL PROVI-
  8        SIONS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10         SECTION 1.  That Chapter 70, Title 18, Idaho Code, be, and  the  same  is
 11    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 12    ignated as Section 18-7041, Idaho Code, and to read as follows:
                                                                        
 13        18-7041.  INTERFERENCE WITH COMMERCE. (1) As used in this section:
 14        (a)  "Building," in addition to its commonly accepted meaning,  means  any
 15        watercraft, aircraft, trailer, sleeping car, or other structure or vehicle
 16        adapted  for  overnight accommodations of persons or for carrying on busi-
 17        ness and includes:
 18             (i)   Each separately secured or occupied portion of the building  or
 19             vehicle;
 20             (ii)  Each  structure  appurtenant  or  connected  to the building or
 21             vehicle.
 22        (b)  "Business" means a retail or wholesale business dealing  in  tangible
 23        personal property.
 24        (c)  "Enter"  means  an intrusion of any part of the body or the intrusion
 25        of any physical object, sound wave, light ray, electronic signal or  other
 26        means of intrusion under the control of the actor.
 27        (2)  A  person  is  guilty of misdemeanor interference with commerce if he
 28    enters or remains unlawfully on the premises or in a building of any  business
 29    with the intent to interfere with the employees, customers, personnel or oper-
 30    ation  of  a  business through any conduct that does not constitute an offense
 31    listed under subsection (3) of this section.
 32        (3)  A person is guilty of felony interference with commerce if he  enters
 33    or  remains  unlawfully  on the premises or in a building of any business with
 34    the intent to interfere with the employees, customers, personnel or operations
 35    of a business and also with the intent to:
 36        (a)  Obtain unauthorized control over any property, records, data or  pro-
 37        prietary information of the business;
 38        (b)  Alter, eradicate, or remove any records, data or proprietary informa-
 39        tion of the business;
 40        (c)  Damage,  deface  or destroy any property on the premises of the busi-
 41        ness;
 42        (d)  Commit an assault on any other person; or
 43        (e)  Commit any other felony.
                                                                        
                                           2
                                                                        
  1        (4)  A person who violates any provision in subsection (3) of this section
  2    is guilty of a felony and shall be punished by a term of imprisonment  of  not
  3    more  than  twenty  (20)  years, a fine not in excess of ten  thousand dollars
  4    ($10,000), or both such fine and imprisonment. In addition to any  other  pen-
  5    alty imposed for a violation of this section, the court shall require any per-
  6    son  convicted of, found guilty of or who pleads guilty to a violation of this
  7    section to make restitution to the victim of the offense  in  accordance  with
  8    the terms of section 19-5304, Idaho Code.
  9        (5)  This  section  does  not  apply  to actions protected by the national
 10    labor relations act, 29 U.S.C. section 151, et seq.  or  the  federal  railway
 11    labor act, 45 U.S.C. section 151, et seq.
 12        (6)  It  is  the intent of the legislature that this section does not pro-
 13    hibit or interfere with a person's exercise of  the  rights  under  the  first
 14    amendment  to  the constitution of the United States or under article I of the
 15    constitution of the state of Idaho.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                              
                          RS 12084
                              
The purpose of this legislation is to provide enhanced penalties for
the crime of business interference. This proposal is very similar to
a statute in Utah enumerating the same crime. There is concern that
our trespass laws do not currently provide sufficient deterrence to
persons willfully disrupting lawful business activities.




                        FISCAL IMPACT
                              
                              
                              
There is no fiscal impact to the General Fund.



Contact
Name:  John Andreason
Phone: 332-1331
            
            
            
STATEMENT OF PURPOSE/FISCAL NOTE          S 1455