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S1210................................................by JUDICIARY AND RULES
U.S. CURRENCY - FEDERAL RESERVE NOTES - Amends existing law to provide that
persons who falsely make, alter, forge or counterfeit Federal Reserve notes
or United States currency or money with intent to defraud another shall be
guilty of forgery; and deleting a code section applicable to the
circulation of illegal money.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis(Davis), Geddes,
Goedde, 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 -- Gannon
Floor Sponsor - Lodge
Title apvd - to House
02/16 House intro - 1st rdg - to Jud
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 68-0-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,
Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Harwood, Shepherd
Floor Sponsor - Sali
Title apvd - to Senate
03/09 To enrol
03/10 Rpt enrol - Pres signed
03/11 Sp signed
03/12 To Governor
03/16 Governor signed
Session Law Chapter 49
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1210
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO FORGERY AND COUNTERFEITING; AMENDING SECTION 18-3601, IDAHO CODE,
3 TO PROVIDE THAT PERSONS WHO FALSELY MAKE, ALTER, FORGE OR COUNTERFEIT FED-
4 ERAL RESERVE NOTES OR UNITED STATES CURRENCY OR MONEY WITH INTENT TO
5 DEFRAUD ANOTHER SHALL BE GUILTY OF FORGERY AND TO MAKE A TECHNICAL CORREC-
6 TION; REPEALING SECTION 18-3618, IDAHO CODE, RELATING TO THE CIRCULATION
7 OF ILLEGAL MONEY; AND AMENDING SECTION 18-7803, IDAHO CODE, TO DELETE A
8 CODE REFERENCE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-3601, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-3601. FORGERY DEFINED. Every person who, with intent to defraud
13 another, falsely makes, alters, forges or counterfeits, any charter, letters,
14 patent, deed lease, indenture, writing obligatory, will, testament, codicil,
15 annuity, bond, covenant, bank bill or note, federal reserve note, United
16 States currency or United States money, post note, check, draft, bill of
17 exchange, contract, promissory note, due bill for the payment of money or
18 property, receipt for money or property, passage ticket, power of attorney, or
19 any certificate of any share, right, or interest in the stock of any corpora-
20 tion or association, or any state controller's warrant for the payment of
21 money at the treasury, county order or warrant, or request for the payment of
22 money, or the delivery of goods or chattels of any kind, or for the delivery
23 of any instrument of writing or acquittance, release, or receipt for money or
24 goods, or any acquittance, release, or discharge for any debt, account, suit
25 action demand, or other thing, real or personal, or any transfer or assurance
26 of money, certificates of shares of stock, goods, chattels, or other property
27 whatever, or any letter of attorney, or other power to receive money, or to
28 receive or transfer certificates of shares of stock or annuities, or to let,
29 lease, dispose of, alien, or convey any goods, chattels, lands or tenements,
30 or other estate, real or personal, or any acceptance or endorsement of any
31 bill of exchange, promissory note, draft, order, or assignment of any bond,
32 writing obligatory, or promissory note for money or other property, or coun-
33 terfeits or forges the seal or handwriting of another; or utters, publishes,
34 passes, or attempts to pass, as true and genuine any of the above named false,
35 altered, forged or counterfeited matters, as above specified and described,
36 knowing the same to be false, altered, forged, or counterfeited, with intent
37 to prejudice, damage, or defraud any person; or who, with intent to defraud,
38 alters, corrupts or falsifies any record of any will, codicil, conveyance, or
39 other instrument, the record of which is bylaw by law evidence, or any record
40 of any judgment of a court, or the return of any officer to any process of any
41 court, is guilty of forgery.
42 SECTION 2. That Section 18-3618, Idaho Code, be, and the same is hereby
2
1 repealed.
2 SECTION 3. That Section 18-7803, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 18-7803. DEFINITIONS. As used in this chapter, (a) "Racketeering" means
5 any act which is chargeable or indictable under the following sections of the
6 Idaho Code or which are equivalent acts chargeable or indictable as equivalent
7 crimes under the laws of any other jurisdiction:
8 (1) Homicide (section 18-4001, Idaho Code);
9 (2) Robbery, burglary, theft, forgery, counterfeiting, and related crimes
10 (sections 18-1401, 18-1405, 18-2403, 18-2407, 18-3123, 18-3124, 18-3125,
11 18-3601, 18-3602, 18-3603, 18-3605, 18-3606, 18-3607, 18-3609, 18-3610,
12 18-3614, 18-3615, 18-3618, 18-4630, 18-6501 and 49-518, Idaho Code);
13 (3) Kidnapping (section 18-4501, Idaho Code);
14 (4) Prostitution (sections 18-5601, 18-5602, 18-5603, 18-5604, 18-5605,
15 18-5606, 18-5608 and 18-5609, Idaho Code);
16 (5) Arson (sections 18-801, 18-802, 18-803, 18-804 and 18-805, Idaho
17 Code);
18 (6) Assault (sections 18-908 and 18-4015, Idaho Code);
19 (7) Lotteries and gambling (sections 18-3801, 18-3802, 18-3809, 18-4902,
20 18-4903, 18-4904, 18-4905, 18-4906 and 18-4908, Idaho Code);
21 (8) Indecency and obscenity (sections 18-1515, 18-1518, 18-4103,
22 18-4103A, 18-4104, 18-4105, 18-4105A and 18-4107, Idaho Code);
23 (9) Poisoning (sections 18-4014 and 18-5501, Idaho Code);
24 (10) Fraudulent practices, false pretenses, insurance fraud, financial
25 transaction card crimes and fraud generally (sections 18-2403, 18-2706,
26 18-3002, 18-3101, 18-3124, 18-3125, 18-3126, 18-6713, 41-293, 41-294 and
27 41-1306, Idaho Code);
28 (11) Alcoholic beverages (sections 23-602, 23-606, 23-610, 23-703, 23-905,
29 23-914, 23-928, 23-934 and 23-938, Idaho Code);
30 (12) Cigarette taxes (sections 63-2505 and 63-2512(b), Idaho Code);
31 (13) Securities (sections 30-1403, 30-1403A, 30-1404, 30-1405, 30-1406,
32 30-1438 and 30-1439, Idaho Code);
33 (14) Horseracing (section 54-2512, Idaho Code);
34 (15) Interest and usurious practices (sections 28-45-401 and 28-45-402,
35 Idaho Code);
36 (16) Corporations (sections 18-1901, 18-1902, 18-1903, 18-1904, 18-1905,
37 18-1906 and 30-1510, Idaho Code);
38 (17) Perjury (sections 18-5401 and 18-5410, Idaho Code);
39 (18) Bribery and corrupt influence (sections 18-1352 and 18-1353, Idaho
40 Code);
41 (19) Controlled substances (sections 37-2732(a), (b), (c), (e) and (f),
42 37-2732B, 37-2734 and 37-2734B, Idaho Code);
43 (20) Motor vehicles (sections 49-228, 49-231, 49-232 and 49-518, Idaho
44 Code);
45 (21) Terrorism (section 18-8103, Idaho Code).
46 (b) "Person" means any individual or entity capable of holding a legal or
47 beneficial interest in property;
48 (c) "Enterprise" means any sole proprietorship, partnership, corporation,
49 business, labor union, association or other legal entity or any group of indi-
50 viduals associated in fact although not a legal entity, and includes illicit
51 as well as licit entities; and
52 (d) "Pattern of racketeering activity" means engaging in at least two (2)
53 incidents of racketeering conduct that have the same or similar intents,
3
1 results, accomplices, victims or methods of commission, or otherwise are
2 interrelated by distinguishing characteristics and are not isolated incidents,
3 provided at least one (1) of such incidents occurred after the effective date
4 of this act and that the last of such incidents occurred within five (5) years
5 after a prior incident of racketeering conduct.
STATEMENT OF PURPOSE
RS 13620
This legislation is intended to clarify that Idaho's current forgery
statute, I.C.18-3601, includes falsely making, altering, forging
counterfeiting or uttering, publishing, passing, or attempting to
pass, as true and genuine with the intent to defraud counterfeit money.
Law enforcement and prosecutors throughout the state currently
investigate and file charges under this code section when a suspect
passes fake United States Currency. However, some magistrate judges
in the state have ruled that counterfeit money is not included within
the laundry list contained in I.C.18-3601. Therefore, this
legislation specifically includes: Federal Reserve note, United State's
currency or United State's money in the forgery statute. The crime of
making and passing counterfeit currency is a common occurrence in the
cities and counties throughout Idaho and law enforcement and prosecutors
must be able to continue to address this problem at the local level.
This legislation also repeals I.C.18-3618, Circulating Illegal Money,
which provides that a person who "makes, issues or puts in circulation"
any bill, check, ticket, etc. is guilty of a misdemeanor for a first offense.
This code section is duplicative of I.C.18-3601 and other sections of title
18 chapter 36, yet provides for a misdemeanor penalty which is contrary
to the other forgery and counterfeiting statutes, that provides for felony
punishment.
FISCAL IMPACT
There is no anticipated fiscal impact.
Contact
Name: Heather Reilly
Ada County Deputy Prosecuting Attorney
Phone: (208) 287-7772
STATEMENT OF PURPOSE/FISCAL NOTE S 1210