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S1063aa..............................................by JUDICIARY AND RULES MOTOR VEHICLES - Amends existing law to increase the penalty for operating a motor vehicle without the owner's consent in certain circumstances. 01/27 Senate intro - 1st rdg - to printing 01/28 Rpt prt - to Jud 02/07 Rpt out - to 14th Ord 02/16 Rpt out amen - to engros 02/17 Rpt engros - 1st rdg - to 2nd rdg as amen 02/18 2nd rdg - to 3rd rdg as amen 02/22 3rd rdg as amen - PASSED - 30-0-5 AYES -- Andreason, Broadsword, Bunderson, Burkett, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- None Absent and excused -- Brandt, Burtenshaw, Noble, Pearce, Sweet Floor Sponsor - Lodge Title apvd - to House 02/23 House intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 64-4-2 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Barrett, McKague, Ringo, Wood Absent and excused -- Edmunson, Snodgrass Floor Sponsor - Bastian Title apvd - to Senate 03/17 To enrol 03/18 Rpt enrol - Pres signed 03/21 Sp signed 03/22 To Governor 03/23 Governor signed Session Law Chapter 117 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1063 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-227, IDAHO CODE, TO INCREASE 3 THE PENALTY FOR OPERATING A VEHICLE WITHOUT THE OWNER'S CONSENT IN CERTAIN 4 CIRCUMSTANCES AND TO MAKE A TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 49-227, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 49-227. OPERATING VEHICLE WITHOUT OWNER'S CONSENT. Any person who shall 9 operate a vehicle, not his own, without the consent of the owner, and with 10 intent temporarily to deprive the owner of his possession of such vehicle, 11 without intent to steal the vehicle, shall be guilty of a misdemeanor, unless 12 the damages caused to the vehicle as a result of a violation of this section 13 exceed one thousand dollars ($1,000) in value, or the value of property taken 14 from the vehicle exceeds one thousand dollars ($1,000), in which case such 15 person is guilty of a felony. The consent of the owner of a vehicle to its 16 taking or operating shall not in any case be presumed or implied because of 17 such owner's consent on a previous occasion to the taking or operating of the 18 vehicle by the same or a different person. Any person who assists in, or is a 19 party or accessory to or an accomplice in any unauthorized taking or operation 20 shall also be guilty of a misdemeanor, unless the damages caused to the vehi- 21 cle as a result of a violation of this section exceed one thousand dollars 22 ($1,000) in value, or the value of property taken from the vehicle exceeds one 23 thousand dollars ($1,000), in which case such person is guilty of a felony. 24 For the purpose of this section vehicle shall include, but is not limited to 25 vehicles defined in section 49-123, Idaho Code, boats, airplanes, snowmobiles, 26 three and four wheel all-terrain vehicles, hot air balloons, hang gliders, jet 27 skis and motorcycles.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Lodge Seconded by Darrington IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1063 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 14, following "($1,000)," insert: 3 "or a combination of the damages caused to the vehicle and the value of prop- 4 erty taken exceeds one thousand dollars ($1,000),"; and in line 23, following 5 "($1,000)," insert: "or a combination of the damages caused to the vehicle and 6 the value of property taken exceeds one thousand dollars ($1,000),".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1063, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-227, IDAHO CODE, TO INCREASE 3 THE PENALTY FOR OPERATING A VEHICLE WITHOUT THE OWNER'S CONSENT IN CERTAIN 4 CIRCUMSTANCES AND TO MAKE A TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 49-227, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 49-227. OPERATING VEHICLE WITHOUT OWNER'S CONSENT. Any person who shall 9 operate a vehicle, not his own, without the consent of the owner, and with 10 intent temporarily to deprive the owner of his possession of such vehicle, 11 without intent to steal the vehicle, shall be guilty of a misdemeanor, unless 12 the damages caused to the vehicle as a result of a violation of this section 13 exceed one thousand dollars ($1,000) in value, or the value of property taken 14 from the vehicle exceeds one thousand dollars ($1,000), or a combination of 15 the damages caused to the vehicle and the value of property taken exceeds one 16 thousand dollars ($1,000), in which case such person is guilty of a felony. 17 The consent of the owner of a vehicle to its taking or operating shall not in 18 any case be presumed or implied because of such owner's consent on a previous 19 occasion to the taking or operating of the vehicle by the same or a different 20 person. Any person who assists in, or is a party or accessory to or an accom- 21 plice in any unauthorized taking or operation shall also be guilty of a misde- 22 meanor, unless the damages caused to the vehicle as a result of a violation of 23 this section exceed one thousand dollars ($1,000) in value, or the value of 24 property taken from the vehicle exceeds one thousand dollars ($1,000), or a 25 combination of the damages caused to the vehicle and the value of property 26 taken exceeds one thousand dollars ($1,000), in which case such person is 27 guilty of a felony. For the purpose of this section vehicle shall include, but 28 is not limited to vehicles defined in section 49-123, Idaho Code, boats, air- 29 planes, snowmobiles, three and four wheel all-terrain vehicles, hot air 30 balloons, hang gliders, jet skis and motorcycles.
STATEMENT OF PURPOSE RS 14600C1 The purpose of this bill is to increase penalties for serious cases of operating a vehicle without an owner's consent. Commonly called as joy riding, the current penalty is a misdemeanor for operating any vehicle from an automobile to an airplane without the owner's consent. The crime can not be charged as grand theft in those cases where there is no intent to permanently deprive the owner of the vehicle. Unfortunately, the vehicle often becomes damaged or property from the vehicle is stolen. In those cases where the damage exceeds $1,000 or more than $1,000 of property is lost, the joy riding crime is increased to a felony. FISCAL IMPACT There will be a slight impact on the general fund for those cases where a person is convicted of the felony crime and sent to prison as a result. CONTACT: Michael J. Kane Idaho Sheriffs Association Phone: 342-4545 STATEMENT OF PURPOSE/FISCAL NOTE S 1063