2005 Legislation
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SENATE BILL NO. 1064 – Property, malicious injury, penalty


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Bill Status

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
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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                       IN THE SENATE
                                    SENATE BILL NO. 1064
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  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 a
 15    violation of this section exceed one thousand dollars ($1,000)  in  value,  in
 16    which case such
 17        (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 / Fiscal Impact

                       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.

Name:   Heather Reilly, Idaho Prosecuting Attorney's Association 
Phone:  287-7700