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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
|||| 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
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