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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 - 2005
IN 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 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
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