2003 Legislation
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SENATE BILL NO. 1121 – Telecommunications line, destroy

SENATE BILL NO. 1121

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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