2002 Legislation
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HOUSE BILL NO. 564 – Anhydrous ammonia, theft, penalty

HOUSE BILL NO. 564

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H0564aa..............................by JUDICIARY, RULES AND ADMINISTRATION
ANHYDROUS AMMONIA - THEFT - Amends and adds to existing law to provide for
theft of anhydrous ammonia; to provide punishment; to classify certain
activities relating to anhydrous ammonia and anhydrous ammonia equipment as
felonies; to provide an exception; and to provide for damages.
                                                                        
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Jud
02/20    Rpt out - to Gen Ord
    Rpt out amen - to engros
02/21    Rpt engros - 1st rdg - to 2nd rdg as amen
02/22    2nd rdg - to 3rd rdg as amen
02/27    3rd rdg as amen - PASSED - 45-20-5
      AYES -- Aikele, Barraclough, Bell, Bieter, Black, Block, Boe, Bolz,
      Bradford, Campbell, Clark, Collins, Cuddy, Ellsworth, Field(13),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Hornbeck, Jaquet,
      Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Martinez,
      Meyer, Pearce, Pischner, Ridinger, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith(33), Smylie, Stevenson, Stone, Trail, Young
      NAYS -- Barrett, Bedke, Bruneel, Callister, Crow, Deal, Ellis,
      Eskridge, Field(20), Higgins, Mader, McKague, Montgomery, Moyle,
      Pomeroy, Raybould, Roberts, Wheeler, Wood, Mr. Speaker
      Absent and excused -- Denney, Loertscher, Mortensen, Smith(23),
      Tilman
    Floor Sponsor - Young
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Jud
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
      Hill, Ingram, Ipsen, King-Barrutia, Little, Lodge, Marley, Noh,
      Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Branch(Bartlett), Brandt, Keough
    Floor Sponsor - Darrington
    Title apvd - to House
03/13    To enrol
03/14    Rpt enrol - Sp signed - Pres signed
03/14    To Governor
03/25    Governor signed
         Session Law Chapter 257
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 564
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ANHYDROUS AMMONIA; AMENDING SECTION 18-2407, IDAHO CODE,  TO  PRO-
  3        VIDE FOR THEFT OF ANHYDROUS AMMONIA; AMENDING SECTION 18-2408, IDAHO CODE,
  4        TO  PROVIDE  FOR  PUNISHMENT  FOR THEFT OF ANHYDROUS AMMONIA; AND AMENDING
  5        CHAPTER 6, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION  22-626,
  6        IDAHO  CODE,  TO CLASSIFY CERTAIN ACTIVITIES RELATING TO ANHYDROUS AMMONIA
  7        AND ANHYDROUS AMMONIA EQUIPMENT AS FELONIES, TO PROVIDE AN  EXCEPTION  AND
  8        TO PROVIDE FOR DAMAGES.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 18-2407, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        18-2407.  GRADING OF THEFT. Theft is divided into two (2)  degrees,  grand
 13    theft and petit theft.
 14        (1)  Grand theft.
 15        (a)  A  person is guilty of grand theft when he commits a theft as defined
 16        in this chapter and when the property, regardless of its nature and value,
 17        is obtained by extortion committed by instilling in the victim a fear that
 18        the actor or another person will:
 19             1.  Cause physical injury to some person in the future; or
 20             2.  Cause damage to property; or
 21             3.  Use or abuse his position as a public servant by engaging in con-
 22             duct within or related to his  official  duties,  or  by  failing  or
 23             refusing  to  perform  an  official duty, in such manner as to affect
 24             some person adversely.
 25        (b)  A person is guilty of grand theft when he commits a theft as  defined
 26        in this chapter and when:
 27             1.  The  value  of  the  property  taken exceeds one thousand dollars
 28             ($1,000); or
 29             2.  The property consists of a public record, writing  or  instrument
 30             kept,  filed  or deposited according to law with or in the keeping of
 31             any public office or public servant; or
 32             3.  The property consists of a credit card; or
 33             4.  The property, regardless of its nature or value,  is  taken  from
 34             the person of another; or
 35             5.  The  property, regardless of its nature and value, is obtained by
 36             extortion; or
 37             6.  The property consists of one (1)  or  more  firearms,  rifles  or
 38             shotguns; or
 39             7.  The  property  taken  or  deliberately killed is livestock or any
 40             other animal exceeding one hundred fifty dollars ($150) in value.
 41             8.  When any series of thefts, comprised of individual thefts  having
 42             a value  of one thousand dollars ($1,000) or less, are part of a com-
 43             mon scheme or plan, the thefts may be aggregated in one (1) count and
                                                                        
                                           2
                                                                        
  1             the sum of the value of all of the thefts shall be the value  consid-
  2             ered  in  determining  whether the value exceeds one thousand dollars
  3             ($1,000); or
  4             9.  The property has an aggregate value over fifty  dollars  ($50.00)
  5             and  is  stolen  during three (3) or more incidents of theft during a
  6             criminal episode. For purposes of this subparagraph a "criminal  epi-
  7             sode" shall mean a series of unlawful acts committed over a period of
  8             up to three (3) days; or
  9             10. The property is anhydrous ammonia.
 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.
                                                                        
 13        SECTION  2.  That  Section 18-2408, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        18-2408.  PUNISHMENT FOR THEFT. (1) Grand theft committed in a manner pre-
 16    scribed in subsection (1)(a) of section 18-2407, Idaho Code, is a felony  pun-
 17    ishable  by  fine not exceeding ten thousand dollars ($10,000) or imprisonment
 18    in the state prison for not less than one (1) year nor more than  twenty  (20)
 19    years, or by both such fine and imprisonment.
 20        (2)  (a) Grand  theft  committed  in  a  manner  prescribed  in subsection
 21        (1)(b)1., 2., 3., 4., 5., 6., 8., or 9. or 10. of section  18-2407,  Idaho
 22        Code, is a felony punishable by a fine not exceeding five thousand dollars
 23        ($5,000), or by imprisonment in the state prison for not less than one (1)
 24        year nor more than fourteen (14) years, or by both such fine and imprison-
 25        ment.
 26        (b)  Grand  theft  committed in a manner prescribed in subsection (1)(b)7.
 27        of section 18-2407, Idaho Code, is a felony punishable by a  fine  of  not
 28        less  than  one thousand dollars ($1,000) nor more than five thousand dol-
 29        lars ($5,000), and the minimum fine shall not be suspended or withheld, or
 30        by imprisonment in the state prison for not less than  one  (1)  year  nor
 31        more  than  fourteen (14) years, or by both such fine and imprisonment. In
 32        addition, the court shall assess civil  damages  as  provided  in  section
 33        25-1910, Idaho Code.
 34        (3)  Petit  theft  is a misdemeanor punishable by a fine not exceeding one
 35    thousand dollars ($1,000), or by imprisonment in the county jail not exceeding
 36    one (1) year or by both.
                                                                        
 37        SECTION 3.  That Chapter 6, Title 22, Idaho Code,  be,  and  the  same  is
 38    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 39    ignated as Section 22-626, Idaho Code, and to read as follows:
                                                                        
 40        22-626.  ANHYDROUS AMMONIA -- PROHIBITED ACTIVITIES --  DAMAGES.  Notwith-
 41    standing any other provision of this chapter:
 42        (1)  A  person  is  guilty  of  the crime of unlawful storage of anhydrous
 43    ammonia in a container that:
 44        (a)  Is not approved by the United States department of transportation  to
 45        hold anhydrous ammonia; or
 46        (b)  Was  not  constructed to meet state and federal industrial health and
 47        safety standards for holding anhydrous ammonia.
 48        (2)  Violation of this section is a felony.
 49        (3)  This section does not apply to public employees or  private  contrac-
 50    tors authorized to clean up and dispose of hazardous waste or toxic substances
 51    pursuant to the provisions of chapter 22, title 49, Idaho Code.
                                                                        
                                           3
                                                                        
  1        (4)  Any damages arising out of the unlawful possession of, storage of, or
  2    tampering with anhydrous ammonia equipment shall be the sole responsibility of
  3    the  person  or  persons  unlawfully possessing, storing or tampering with the
  4    anhydrous ammonia. In no case shall liability for damages arising out  of  the
  5    unlawful  possession  of,  storage  of, or tampering with anhydrous ammonia or
  6    anhydrous ammonia equipment extend to the lawful owner, installer, maintainer,
  7    designer, manufacturer, possessor or seller of the anhydrous ammonia or  anhy-
  8    drous  ammonia  equipment,  unless such damages arise out of the acts or omis-
  9    sions of the owner, installer, maintainer, designer,  manufacturer,  possessor
 10    or  seller that constitute negligent misconduct to abide by the laws regarding
 11    anhydrous ammonia possession and storage.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Young               
                                                                        
                                                     Seconded by Field (13)          
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 564
                                                                        
  1                               AMENDMENTS TO SECTION 3
  2        On page 2 of the printed bill, in line 37, delete "Chapter  6,  Title  22"
  3    and  insert:  "Chapter  27, Title 37"; in line 39, delete "22-626" and insert:
  4    "37-2734C"; delete lines 40 and 41, and insert: "37-2734C.  PROHIBITED ACTS  F
  5    -- PENALTIES.".
                                                                        
                                                                        
  6                                 CORRECTIONS TO TITLE
  7        On  page  1,  in line 5, delete "CHAPTER 6, TITLE 22" and insert: "CHAPTER
  8    27, TITLE 37"; and also in line 5, delete "22-626" and insert: "37-2734C".

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


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 564, As Amended
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ANHYDROUS AMMONIA; AMENDING SECTION 18-2407, IDAHO CODE,  TO  PRO-
  3        VIDE FOR THEFT OF ANHYDROUS AMMONIA; AMENDING SECTION 18-2408, IDAHO CODE,
  4        TO  PROVIDE  FOR  PUNISHMENT  FOR THEFT OF ANHYDROUS AMMONIA; AND AMENDING
  5        CHAPTER 27, TITLE 37, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
  6        37-2734C, IDAHO CODE, TO CLASSIFY CERTAIN ACTIVITIES RELATING TO ANHYDROUS
  7        AMMONIA  AND ANHYDROUS AMMONIA EQUIPMENT AS FELONIES, TO PROVIDE AN EXCEP-
  8        TION AND TO PROVIDE FOR DAMAGES.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 18-2407, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        18-2407.  GRADING  OF  THEFT. Theft is divided into two (2) degrees, grand
 13    theft and petit theft.
 14        (1)  Grand theft.
 15        (a)  A person is guilty of grand theft when he commits a theft as  defined
 16        in this chapter and when the property, regardless of its nature and value,
 17        is obtained by extortion committed by instilling in the victim a fear that
 18        the actor or another person will:
 19             1.  Cause physical injury to some person in the future; or
 20             2.  Cause damage to property; or
 21             3.  Use or abuse his position as a public servant by engaging in con-
 22             duct  within  or  related  to  his  official duties, or by failing or
 23             refusing to perform an official duty, in such  manner  as  to  affect
 24             some person adversely.
 25        (b)  A  person is guilty of grand theft when he commits a theft as defined
 26        in this chapter and when:
 27             1.  The value of the property  taken  exceeds  one  thousand  dollars
 28             ($1,000); or
 29             2.  The  property  consists of a public record, writing or instrument
 30             kept, filed or deposited according to law with or in the  keeping  of
 31             any public office or public servant; or
 32             3.  The property consists of a credit card; or
 33             4.  The  property,  regardless  of its nature or value, is taken from
 34             the person of another; or
 35             5.  The property, regardless of its nature and value, is obtained  by
 36             extortion; or
 37             6.  The  property  consists  of  one  (1) or more firearms, rifles or
 38             shotguns; or
 39             7.  The property taken or deliberately killed  is  livestock  or  any
 40             other animal exceeding one hundred fifty dollars ($150) in value.
 41             8.  When any series of thefts, comprised of individual thefts  having
 42             a value  of one thousand dollars ($1,000) or less, are part of a com-
 43             mon scheme or plan, the thefts may be aggregated in one (1) count and
                                                                        
                                           2
                                                                        
  1             the  sum of the value of all of the thefts shall be the value consid-
  2             ered in determining whether the value exceeds  one  thousand  dollars
  3             ($1,000); or
  4             9.  The  property  has an aggregate value over fifty dollars ($50.00)
  5             and is stolen during three (3) or more incidents of  theft  during  a
  6             criminal  episode. For purposes of this subparagraph a "criminal epi-
  7             sode" shall mean a series of unlawful acts committed over a period of
  8             up to three (3) days; or
  9             10. The property is anhydrous ammonia.
 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.
                                                                        
 13        SECTION 2.  That Section 18-2408, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        18-2408.  PUNISHMENT FOR THEFT. (1) Grand theft committed in a manner pre-
 16    scribed  in subsection (1)(a) of section 18-2407, Idaho Code, is a felony pun-
 17    ishable by fine not exceeding ten thousand dollars ($10,000)  or  imprisonment
 18    in  the  state prison for not less than one (1) year nor more than twenty (20)
 19    years, or by both such fine and imprisonment.
 20        (2)  (a) Grand theft  committed  in  a  manner  prescribed  in  subsection
 21        (1)(b)1.,  2.,  3., 4., 5., 6., 8., or 9. or 10. of section 18-2407, Idaho
 22        Code, is a felony punishable by a fine not exceeding five thousand dollars
 23        ($5,000), or by imprisonment in the state prison for not less than one (1)
 24        year nor more than fourteen (14) years, or by both such fine and imprison-
 25        ment.
 26        (b)  Grand theft committed in a manner prescribed in  subsection  (1)(b)7.
 27        of  section  18-2407,  Idaho Code, is a felony punishable by a fine of not
 28        less than one thousand dollars ($1,000) nor more than five  thousand  dol-
 29        lars ($5,000), and the minimum fine shall not be suspended or withheld, or
 30        by  imprisonment  in  the  state prison for not less than one (1) year nor
 31        more than fourteen (14) years, or by both such fine and  imprisonment.  In
 32        addition,  the  court  shall  assess  civil damages as provided in section
 33        25-1910, Idaho Code.
 34        (3)  Petit theft is a misdemeanor punishable by a fine not  exceeding  one
 35    thousand dollars ($1,000), or by imprisonment in the county jail not exceeding
 36    one (1) year or by both.
                                                                        
 37        SECTION  3.  That  Chapter  27,  Title 37, Idaho Code, be, and the same is
 38    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 39    ignated as Section 37-2734C, Idaho Code, and to read as follows:
                                                                        
 40        37-2734C.  PROHIBITED  ACTS  F -- PENALTIES. (1) A person is guilty of the
 41    crime of unlawful storage of anhydrous ammonia in a container that:
 42        (a)  Is not approved by the United States department of transportation  to
 43        hold anhydrous ammonia; or
 44        (b)  Was  not  constructed to meet state and federal industrial health and
 45        safety standards for holding anhydrous ammonia.
 46        (2)  Violation of this section is a felony.
 47        (3)  This section does not apply to public employees or  private  contrac-
 48    tors authorized to clean up and dispose of hazardous waste or toxic substances
 49    pursuant to the provisions of chapter 22, title 49, Idaho Code.
 50        (4)  Any damages arising out of the unlawful possession of, storage of, or
 51    tampering with anhydrous ammonia equipment shall be the sole responsibility of
                                                                        
                                           3
                                                                        
  1    the  person  or  persons  unlawfully possessing, storing or tampering with the
  2    anhydrous ammonia. In no case shall liability for damages arising out  of  the
  3    unlawful  possession  of,  storage  of, or tampering with anhydrous ammonia or
  4    anhydrous ammonia equipment extend to the lawful owner, installer, maintainer,
  5    designer, manufacturer, possessor or seller of the anhydrous ammonia or  anhy-
  6    drous  ammonia  equipment,  unless such damages arise out of the acts or omis-
  7    sions of the owner, installer, maintainer, designer,  manufacturer,  possessor
  8    or  seller that constitute negligent misconduct to abide by the laws regarding
  9    anhydrous ammonia possession and storage.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 11840

This proposed legislation seeks to criminalize the act of theft
of anhydrous ammonia and transporting it in unapproved
containers.  The legislation will hold farmers and dealers
harmless from any liability that may result from such illegal
activities.  This proposed legislation will aid in interceding in
individuals involved in the manufacture and sale of
methamphetamine drugs.

                          FISCAL IMPACT

Fiscal impact will be neutral as prosecution costs may rise but
the reduction of meth related costs should more than offset
increased prosecution costs.

Contact
Name: Rep. Young
Phone: 332-1000
      Major Dan Charbonneau, ISP



STATEMENT OF PURPOSE/FISCAL NOTE                       H 564