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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 - 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.
]]]] 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),".
]]]] 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
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