2002 Legislation
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SENATE BILL NO. 1366 – Theft, 3rd offense, penalty

SENATE BILL NO. 1366

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



S1366................................................by JUDICIARY AND RULES
THEFT - Amends existing law to provide for a felony punishment for any
person who pleads guilty to or is found guilty of theft for a third time
within five years. S1367
                                                                        
02/04    Senate intro - 1st rdg - to printing
02/05    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. 1366
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THEFT; AMENDING SECTION 18-2408, IDAHO CODE, TO PROVIDE FOR FELONY
  3        PUNISHMENT FOR CERTAIN REPEAT OFFENSES.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION 1.  That Section 18-2408, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
                                                                        
  7        18-2408.  PUNISHMENT FOR THEFT. (1) Grand theft committed in a manner pre-
  8    scribed  in subsection (1)(a) of section 18-2407, Idaho Code, is a felony pun-
  9    ishable by fine not exceeding ten thousand dollars ($10,000)  or  imprisonment
 10    in  the  state prison for not less than one (1) year nor more than twenty (20)
 11    years, or by both such fine and imprisonment.
 12        (2)  (a) Grand theft  committed  in  a  manner  prescribed  in  subsection
 13        (1)(b)1.,  2., 3., 4., 5., 6., 8. or 9. of section 18-2407, Idaho Code, is
 14        a felony  punishable  by  a  fine  not  exceeding  five  thousand  dollars
 15        ($5,000), or by imprisonment in the state prison for not less than one (1)
 16        year nor more than fourteen (14) years, or by both such fine and imprison-
 17        ment.
 18        (b)  Grand  theft  committed in a manner prescribed in subsection (1)(b)7.
 19        of section 18-2407, Idaho Code, is a felony punishable by a  fine  of  not
 20        less  than  one thousand dollars ($1,000) nor more than five thousand dol-
 21        lars ($5,000), and the minimum fine shall not be suspended or withheld, or
 22        by imprisonment in the state prison for not less than  one  (1)  year  nor
 23        more  than  fourteen (14) years, or by both such fine and imprisonment. In
 24        addition, the court shall assess civil  damages  as  provided  in  section
 25        25-1910, Idaho Code.
 26        (3)  Except  as  otherwise  provided  in  subsection  (4) of this section,
 27    pPetit theft is a misdemeanor punishable by a fine not exceeding one  thousand
 28    dollars  ($1,000), or by imprisonment in the county jail not exceeding one (1)
 29    year or by both.
 30        (4)  Any person who pleads guilty to or is found  guilty  of  a  theft  as
 31    defined  in  subsection (1) or (2) of section 18-2407, Idaho Code, or any sub-
 32    stantially conforming statute in another state or  local  jurisdiction  for  a
 33    third  time within five (5) years, notwithstanding the form of the judgment or
 34    withheld judgment, shall be guilty of a felony and shall be punished by a fine
 35    not to exceed one thousand dollars ($1,000) or shall be sentenced to the  cus-
 36    tody  of the state board of correction for a term not to exceed five (5) years
 37    or both. Provided however, that the provisions of this subsection shall not be
 38    construed to either restrict the state from charging and/or prosecuting a per-
 39    son with any grade of theft pursuant to other provisions of this chapter or  a
 40    court from sentencing a person pursuant to other provisions of this chapter.

Statement of Purpose / Fiscal Impact


	             STATEMENT OF PURPOSE
                          RS 11775C1

This legislation increases the penalty for theft from a misdemeanor 
to a felony after repeat offenses. Any person who pleads or is found 
guilty of a theft for a third time within five years shall be guilty 
of a felony.


The focus of this legislation is mainly on professional retail 
thieves, or “boosters”. Retailers estimate that a booster is 
apprehended committing theft approximately once every 50-100 times 
they commit theft. Using this scale, a person who is caught a third 
time would likely have committed 150-300 offenses.


With two prior convictions, the commission of a third offense 
certainly indicates that the previous arrests, fines, confinement or 
other types of punishment were not successful in changing the 
behavior pattern.


Boosters or repeat criminals make it their business to know the 
felony amount in the states where they are committing thefts. With 
this in mind, they will steal under the felony amount so if 
apprehended, the charge will only be a misdemeanor.


                          FISCAL IMPACT

There will be no impact on the General Fund, and no additional cost 
to the state or local governments.



CONTACT:	Pam Eaton

Idaho Retailers Association

(208) -342-0010


STATEMENT OF PURPOSE/FISCAL NOTE		S 1366