2005 Legislation
Print Friendly

SENATE BILL NO. 1063 – MV/operate w/o owner consent/pnlty

SENATE BILL NO. 1063

View Bill Status

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

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.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved 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),".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN 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 / Fiscal Impact


                       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