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S1495................................................by JUDICIARY AND RULES
THEFT - FINANCIAL TRANSACTION CARDS - Amends existing law to further define
grand theft to include the theft of checks, drafts or orders for payment
upon banks, financial transaction cards, or the account numbers relating to
such checks, drafts, orders for payment or financial transaction cards.
03/04 Senate intro - 1st rdg - to printing
03/05 Rpt prt - to Jud
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), 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 - Lodge
Title apvd - to House
03/12 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
Rls susp - PASSED - 59-8-3
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Block, Boe, Bolz,
Bradford, Campbell, Clark, Collins, Cuddy, Deal, Denney, Ellis,
Eskridge, Field(13), Gagner, Gould, Hadley, Hammond, Harwood,
Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz,
Langford, Loertscher, Mader, Martinez, Meyer, Montgomery, Mortensen,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie,
Stevenson, Stone, Tilman, Trail, Wood, Young, Mr. Speaker
NAYS -- Barrett, Callister, Crow, Ellsworth, Lake, McKague, Moyle,
Wheeler
Absent and excused -- Aikele, Bruneel, Field(20)
Floor Sponsor - Pearce
Title apvd - to Senate
03/15 To enrol
03/18 Rpt enrol - Pres signed - Sp signed
03/18 To Governor
03/26 Governor signed
Session Law Chapter 326
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1495
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THEFT; AMENDING SECTION 18-2407, IDAHO CODE, TO FURTHER DEFINE
3 GRAND THEFT TO INCLUDE THE THEFT OF CHECKS, DRAFTS OR ORDERS FOR PAYMENT
4 UPON BANKS, FINANCIAL TRANSACTION CARDS, OR THE ACCOUNT NUMBERS RELATING
5 TO SUCH CHECKS, DRAFTS, ORDERS FOR PAYMENT OR FINANCIAL TRANSACTION CARDS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 18-2407, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-2407. GRADING OF THEFT. Theft is divided into two (2) degrees, grand
10 theft and petit theft.
11 (1) Grand theft.
12 (a) A person is guilty of grand theft when he commits a theft as defined
13 in this chapter and when the property, regardless of its nature and value,
14 is obtained by extortion committed by instilling in the victim a fear that
15 the actor or another person will:
16 1. Cause physical injury to some person in the future; or
17 2. Cause damage to property; or
18 3. Use or abuse his position as a public servant by engaging in con-
19 duct within or related to his official duties, or by failing or
20 refusing to perform an official duty, in such manner as to affect
21 some person adversely.
22 (b) A person is guilty of grand theft when he commits a theft as defined
23 in this chapter and when:
24 1. The value of the property taken exceeds one thousand dollars
25 ($1,000); or
26 2. The property consists of a public record, writing or instrument
27 kept, filed or deposited according to law with or in the keeping of
28 any public office or public servant; or
29 3. The property consists of a credit card check, draft or order for
30 the payment of money upon any bank, or a check, draft or order
31 account number, or a financial transaction card or financial transac-
32 tion card account number as those terms are defined in section
33 18-3122, Idaho Code; or
34 4. The property, regardless of its nature or value, is taken from
35 the person of another; or
36 5. The property, regardless of its nature and value, is obtained by
37 extortion; or
38 6. The property consists of one (1) or more firearms, rifles or
39 shotguns; or
40 7. The property taken or deliberately killed is livestock or any
41 other animal exceeding one hundred fifty dollars ($150) in value.
42 8. When any series of thefts, comprised of individual thefts having
43 a value of one thousand dollars ($1,000) or less, are part of a com-
2
1 mon scheme or plan, the thefts may be aggregated in one (1) count and
2 the sum of the value of all of the thefts shall be the value consid-
3 ered in determining whether the value exceeds one thousand dollars
4 ($1,000); or
5 9. The property has an aggregate value over fifty dollars ($50.00)
6 and is stolen during three (3) or more incidents of theft during a
7 criminal episode. For purposes of this subparagraph a "criminal epi-
8 sode" shall mean a series of unlawful acts committed over a period of
9 up to three (3) days.
10 (2) Petit theft. A person is guilty of petit theft when he commits a
11 theft as defined in this chapter and his actions do not constitute grand
12 theft.
STATEMENT OF PURPOSE
RS 12157
Idaho law currently defines theft of a credit card as a felony.
This bill clarifies the definition of credit card to make clear
that all forms of credit cards are included in the Grand Theft
Statute. The definition comes from Idaho Code 18-3122 (6) and
(7) "financial transaction card" (FTC) and "financial transaction
card" account numbers. Some Idaho Courts have held "credit card"
in 18-2407 includes only VISA or MasterCard type accounts, and
excludes store credit accounts, debit cards, and the other types
of financial transaction cards. This bill clarifies the grand
theft statute to include all forms of financial transactions
cards including the account numbers.
In addition, the bill aims to include theft of checks or checking
account numbers under the grand theft statute. Currently under
Idaho Law, theft of checks would only amount to a misdemeanor in
light of the fact that the actual value of checks themselves is
under $1000.00. This legislation aims to increase the penalty
for the theft of checks and/or checking account numbers to a
felony.
In recent years Idaho has seen a large increase in the theft and
misuse of checks, financial transaction cards and/or just the
associated account numbers. This legislation's intent is to
address this type of theft and prevent the huge losses, which
invariably occur when the thieves fraudulently use, sell or pass
on to others the stolen checks, financial transaction cards or
account numbers.
FISCAL IMPACT
There is no direct fiscal impact on the general fund
Contact
Name: Heather Reilly
Phone: (208) 287-7700
STATEMENT OF PURPOSE/FISCAL NOTE S 1495