2002 Legislation
Print Friendly

SENATE BILL NO. 1495 – Theft, financial transactn cd/no

SENATE BILL NO. 1495

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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