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S1121................................................by JUDICIARY AND RULES
TELECOMMUNICATIONS - Amends existing law relating to the destruction of
telecommunication lines and instruments to clarify that a violation
constitutes a misdemeanor.
02/18 Senate intro - 1st rdg - to printing
02/19 Rpt prt - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burkett, Goedde
Floor Sponsor - Sweet
Title apvd - to House
03/04 House intro - 1st rdg - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/27 3rd rdg - PASSED - 57-10-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Henbest(Bray), Jaquet, Jones,
Kellogg, Lake, Langhorst, Martinez, McGeachin, McKague, Meyer,
Mitchell, Moyle, Naccarato, Nielsen, Ridinger, Ring, Ringo, Roberts,
Robison, Sali, Sayler, Shepherd, Shirley, Smith(30), Smylie,
Snodgrass, Stevenson, Tilman, Trail, Wills
NAYS -- Eberle, Harwood, Langford, Miller, Raybould, Rydalch,
Schaefer, Skippen, Wood, Mr. Speaker
Absent and excused -- Clark, Kulczyk, Smith(24)
Floor Sponsor - Boe
Title apvd - to Senate
03/28 To enrol
03/31 Rpt enrol - Pres signed
04/01 Sp signed
04/02 To Governor
04/08 Governor signed
Session Law Chapter 247
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1121
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO INTENTIONAL DESTRUCTION OF A TELECOMMUNICATION LINE OR TELECOMMU-
3 NICATION INSTRUMENT; AMENDING SECTION 18-6810, IDAHO CODE, TO CLARIFY THAT
4 A VIOLATION CONSTITUTES A MISDEMEANOR BY REMOVING LANGUAGE SPECIFYING A
5 FIRST OFFENSE AND TO MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 18-6810, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-6810. INTENTIONAL DESTRUCTION OF A TELECOMMUNICATION LINE OR TELECOM-
10 MUNICATION INSTRUMENT. (1) Any person who intentionally takes down, removes,
11 injures or obstructs in any manner any telecommunication line or, any part
12 thereof, or appurtenances or apparatus connected therewith, or severs any wire
13 thereof or who intentionally takes, withholds, takes down, removes, injures or
14 obstructs any telephone instrument or other instrument that is used or could
15 be used to facilitate the transmission of messages, signals, facsimiles, video
16 images or other communication by means of telephone, telegraph, cable, wire or
17 the projection of energy or waves without physical connection (such as wire-
18 less or cellular), with the intent to prohibit, disrupt, inhibit, delay, dis-
19 connect or otherwise interfere with a person's ability to make contact with or
20 otherwise communicate with an emergency service provider is guilty of a misde-
21 meanor for a first offense and shall be punished by a fine of up to one thou-
22 sand dollars ($1,000) or by imprisonment in the county jail for up to one (1)
23 year, or both.
24 (2) For purposes of this statute, a "telecommunication line" shall be
25 defined as any line used or that could be used for the transmission of any
26 type of message or information, regardless of form or content.
27 (3) For purposes of this statute, an "emergency service provider"
28 includes law enforcement, emergency medical service providers (including, but
29 not limited to, ambulance, EMS, or paramedic service providers), fire suppres-
30 sion service providers, dispatch centers, dispatch personnel, and any person,
31 entity, or security business (including private business) that has the author-
32 ity to dispatch such service providers or that otherwise makes available the
33 service of requesting a response, or providing notification of the need for a
34 response, by any of the foregoing emergency service providers. The term
35 "emergency service provider" shall also include any personnel, service or
36 entity that can be contacted, either directly or indirectly, by dialing "911."
STATEMENT OF PURPOSE
RS 12992
In the 2002 legislative session, S1451 was originally proposed
with felony punishments for second and subsequent offenses.
S1451 was thereafter amended to remove felony punishments making
all violations of this section a misdemeanor. However, the
language "for a first offense" was left in the amended version of
SB 1451a. This legislation will clarify that the offense of
Intentional Destruction of a Telecommunications Line or
Telecommunication Instrument is a misdemeanor that is not
enhancable for a second or subsequent offense of this statute.
FISCAL IMPACT
This proposal has no anticipated fiscal impact.
Contact Person:
Name: Rondee Blessing
Boise City Attorneys Office
Phone: 384-3870
Name: Sen. Mike Burkett
Phone: 332-1352
STATEMENT OF PURPOSE/FISCAL NOTE S112