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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 - 2002IN 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 acredit cardcheck, 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