2002 Legislation
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SENATE BILL NO. 1332 – Agricultural research, interference

SENATE BILL NO. 1332

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Daily Data Tracking History



S1332................................................by JUDICIARY AND RULES
AGRICULTURAL RESEARCH - INTERFERENCE - Adds to existing law to provide the
crime of interference with agricultural research; to provide penalties; to
define terms and to provide for restitution.
                                                                        
01/29    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Jud
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
      Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Geddes, Richardson
    Floor Sponsor - Burtenshaw
    Title apvd - to House
02/12    House intro - 1st rdg - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 66-2-2
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Stevenson,
      Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- Henbest, Smylie
      Absent and excused -- Crow, Smith(23)
    Floor Sponsor - Pearce
    Title apvd - to Senate
03/13    To enrol
    Rpt enrol - Pres signed
03/14    Sp signed - to Governor
03/25    Governor signed
         Session Law Chapter 263
         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. 1332
                                                                        
                              BY JUDICIARY AND RULES 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 18-7040, IDAHO CODE, TO PROVIDE THE
  4        CRIME OF INTERFERENCE WITH AGRICULTURAL RESEARCH, TO PROVIDE PENALTIES, TO
  5        DEFINE TERMS AND TO PROVIDE FOR RESTITUTION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Chapter  70,  Title 18, Idaho Code, be, and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 18-7040, Idaho Code, and to read as follows:
                                                                        
 10        18-7040.  INTERFERENCE  WITH  AGRICULTURAL  RESEARCH. (1) A person commits
 11    the crime of interference with agricultural research if the person knowingly:
 12        (a)  Damages any property at an agricultural research  facility  with  the
 13        intent to damage or hinder agricultural research or experimentation;
 14        (b)  Obtains  any  property  of an agricultural research facility with the
 15        intent to damage or hinder agricultural research or experimentation;
 16        (c)  Obtains access to an agricultural research facility by misrepresenta-
 17        tion with the intent to perform acts that would damage or hinder  agricul-
 18        tural research or experimentation;
 19        (d)  Enter  an  agricultural  research facility with the intent to damage,
 20        alter, duplicate or obtain unauthorized possession of records, data, mate-
 21        rials, equipment or specimens related to agricultural research or  experi-
 22        mentation;
 23        (e)  Without  the  authorization  of  the  agricultural research facility,
 24        obtains or exercises control over records, data, materials,  equipment  or
 25        specimens of the agricultural research facility with the intent to destroy
 26        or conceal the records, data, materials, equipment or specimens; or
 27        (f)  Releases  or  steals  an  animal from, or causes the death, injury or
 28        loss of an animal at an agricultural research facility.
 29        (2)  A person found guilty of committing the crime  of  interference  with
 30    agricultural  research  shall be guilty of a felony and shall be punished by a
 31    term of imprisonment of not more than twenty (20)  years or by a fine  not  in
 32    excess  of  ten thousand dollars ($10,000), or by both such fine and imprison-
 33    ment.
 34        (3)  For purposes of this section:
 35        (a)  "Agricultural research facility" means any structure or land, whether
 36        privately or publicly owned, leased or operated, that is  being  used  for
 37        agricultural research or experimentation.
 38        (b)  "Agricultural  research  or  experimentation" means the lawful study,
 39        analysis or testing of plants or animals, or the use of plants or  animals
 40        to  conduct  studies,  analyses,  testing  or teaching, for the purpose of
 41        improving farming, forestry or animal husbandry.
 42        (4)  In addition to any other penalty imposed for a violation of this sec-
 43    tion, the court shall require any person convicted, found guilty or who pleads
                                                                        
                                           2
                                                                        
  1    guilty to a violation of this section to make restitution to the victim of the
  2    offense in accordance with the terms of section 19-5304, Idaho Code; provided,
  3    that such award shall be in an amount equal to twice the value  of  the  crop,
  4    crop  product,  timber,  timber  product,  livestock  or  equipment damaged or
  5    destroyed. In ordering restitution under this section, the court shall, in the
  6    determination of value, consider:
  7        (a)  The market value of the crop, crop product, timber,  timber  product,
  8        livestock, or equipment that has been damaged or destroyed;
  9        (b)  Production,  research,  testing,  replacement  and  development costs
 10        directly related to the crop, crop product, timber, timber product,  live-
 11        stock or equipment that has been damaged or destroyed;
 12        (c)  the  costs  of  repeating an experiment, including the replacement of
 13        the records, data, equipment, specimens, labor and materials, if acts con-
 14        stituting the violation cause the failure of an experiment in progress  or
 15        irreparably damage completed research or experimentation.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                           RS 11667C2



Due to increased attacks upon the Agricultural Research and Biotech 
facilities, it is imperative to clarify and amend the Idaho Code 
Chapter 70, Title 18, adding a new Section 18-7040, dealing with 
interference with Agricultural research, providing penalties and 
restitution.

                           FISCAL IMPACT



There is no fiscal impact to the general fund.



Contact
Name:	Sen. Burtenshaw
Phone:	332-1000



STATEMENT OF PURPOSE/FISCAL NOTE		S 1332