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S1064................................................by JUDICIARY AND RULES MALICIOUS INJURY TO PROPERTY - Amends existing law relating to malicious injury to property to provide for an increased penalty in certain circumstances. 01/27 Senate intro - 1st rdg - to printing 01/28 Rpt prt - to Jud 02/08 Rpt out - rec d/p - to 2nd rdg 02/09 2nd rdg - to 3rd rdg 02/10 3rd rdg - PASSED - 31-0-4 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Coiner, Compton, Corder, Darrington, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Cameron, Davis, Keough, Malepeai Floor Sponsor - Richardson Title apvd - to House 02/11 House intro - 1st rdg - to Jud 03/10 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 69-0-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Martinez Floor Sponsor - Nielsen Title apvd - to Senate 03/16 To enrol 03/17 Rpt enrol - Pres signed 03/18 Sp signed 03/21 To Governor 03/23 Governor signed Session Law Chapter 118 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1064 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MALICIOUS INJURY TO PROPERTY; AMENDING SECTION 18-7001, IDAHO 3 CODE, TO PROVIDE FOR AN INCREASED PENALTY IN CERTAIN CIRCUMSTANCES. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 18-7001, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 18-7001. MALICIOUS INJURY TO PROPERTY. (1) Except as otherwise provided 8 in subsection (2) of this section, eEvery person who maliciously injures or 9 destroys any real or personal property not his own, or any jointly owned prop- 10 erty without permission of the joint owner, or any property belonging to the 11 community of the person's marriage, in cases otherwise than such as are speci- 12 fied in this code, is guilty of a misdemeanor and shall be punishable by 13 imprisonment in the county jail for up to one (1) year or a fine of not more 14 than one thousand dollars ($1,000), or both., unless the damages caused by a15violation of this section exceed one thousand dollars ($1,000) in value, in16which case such17 (2) A person is guilty of a felony, and shall be punishable by imprison- 18 ment in the state prison for not less than one (1) year nor more than five (5) 19 years, and may be fined not more than one thousand dollars ($1,000), or by 20 both such fine and imprisonment, if: 21 (a) The damages caused by a violation of this section exceed one thousand 22 dollars ($1,000) in value; or 23 (b) Any series of individual violations of this section are part of a 24 common scheme or plan and are aggregated in one (1) count, and the damages 25 from such violations when considered together exceed one thousand dollars 26 ($1,000) in value.
STATEMENT OF PURPOSE RS 14706 The purpose of this legislation is to amend Idaho's current Malicious Injury to Property or "vandalism" Statute, I.C. 18- 7001, to clarify that multiple acts of property damage to multiple victims' property may be aggregated and charged as one crime, if the acts are committed during a course of conduct that is a common scheme or plan. Under the current malicious injury to property code section, the value of the property damage to one property owner must exceed one thousand dollars ($1000.00) in order for the violation to be charged as a felony. This amendment will allow consideration of the sum of the value of all of the damages done during a course of conduct that is a common scheme or plan when determining whether the property damages exceed one thousand dollars ($1000.00) in value. FISCAL NOTE The fiscal impact is difficult to determine with certainty, as it will depend upon the increased number of offenders charged with and convicted of felony malicious injury to property, if any. The potential but unlikely impact to the general fund would be equal to the cost of imprisoning the number of offenders charged, convicted and sentenced to prison as a result of the amendment. Contact Name: Heather Reilly, Idaho Prosecuting Attorney's Association Phone: 287-7700 STATEMENT OF PURPOSE/FISCAL NOTE S 1064