2008 Legislation
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SENATE BILL NO. 1247<br /> – Theft, property, unlawful retention

SENATE BILL NO. 1247

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Bill Status



S1247................................................by JUDICIARY AND RULES
THEFT - Amends existing law relating to defenses to a charge of theft of
property to revise provisions relating to the unlawful retention of the
property of another.

01/10    Senate intro - 1st rdg - to printing
01/11    Rpt prt - to Jud
01/24    Rpt out - rec d/p - to 2nd rdg
01/25    2nd rdg - to 3rd rdg
01/29    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, Richardson,
      Schroeder, Siddoway, Stegner, Stennett(Thorson), Werk
      NAYS -- None
      Absent and excused -- McKenzie, Pearce
    Floor Sponsor - Jorgenson
    Title apvd - to House
01/30    House intro - 1st rdg - to Jud
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(35)
      NAYS -- None
      Absent and excused -- Henbest, Wood(27), Mr. Speaker
    Floor Sponsor - Bock
    Title apvd - to Senate
02/14    To enrol
02/15    Rpt enrol - Pres signed
02/18    Sp signed
02/19    To Governor
02/21    Governor signed
         Session Law Chapter 23
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1247

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO DEFENSES TO A  CHARGE  OF  THEFT  OF  PROPERTY;  AMENDING  SECTION
  3        18-2406,  IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE UNLAWFUL RETEN-
  4        TION OF PROPERTY OF ANOTHER.

  5    Be It Enacted by the Legislature of the State of Idaho:

  6        SECTION 1.  That Section 18-2406, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:

  8        18-2406.  DEFENSES.  (1) It is no defense to a charge of theft of property
  9    that the offender has an interest therein, when the owner also has an interest
 10    to which the offender is not entitled.
 11        (2)  Where the property involved is that  of  the  offender's  spouse,  no
 12    prosecution  for  theft  may  be maintained unless the parties were not living
 13    together as man and wife and were living in separate abodes at the time of the
 14    alleged theft.
 15        (3)  In any prosecution for theft committed by trespassory taking  or  the
 16    offense  previously  known  as embezzlement, it is an affirmative defense that
 17    the property was appropriated openly and avowedly, and under a claim of  right
 18    made  in  good faith. It is not a defense to a theft committed by such conduct
 19    that the accused intended to restore the property taken, but may be considered
 20    by the court to mitigate punishment if the property is voluntarily  and  actu-
 21    ally restored (or tendered) prior to the filing of any complaint or indictment
 22    relating thereto, and this provision does not excuse the unlawful retention of
 23    the property of another to offset or pay demands held against the accused such
 24    other person.
 25        (4)  In  any prosecution for theft by extortion committed by instilling in
 26    the victim a fear that he or another person would be charged with a crime,  it
 27    is  an  affirmative defense that the defendant reasonably believed the threat-
 28    ened charge to be true and that his sole purpose was to compel or  induce  the
 29    victim  to take reasonable action to make good the wrong which was the subject
 30    of such threatened charge.
 31        (5)  It is no defense to a prosecution for theft under a provision of this
 32    chapter that the defendant, by reason of the same conduct, also  committed  an
 33    act  specified  as a crime in another chapter of title 18, or another title of
 34    the Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17449

     This bill is one of a series of bills that the Supreme Court
has recommended in its annual report to the Governor concerning
defects or omissions in the laws, as required under article V,
section 25 of the Idaho Constitution.  Prior to the revision of
the theft statutes in 1981, a statutory provision stated that it
was a defense to embezzlement "that the property was appropriated
openly and avowedly, and under a claim of title preferred in good
faith . . . But this provision does not excuse the unlawful
retention of the property of another to offset or pay demands
held against him."  The word "him" referred back to "another." 
When the statutes were revised in 1981, the word "him" was
changed to "the accused," which changes the meaning of this
provision and makes it nonsensical.  This bill would correct this
error and restore the original meaning of this provision.

          
                           FISCAL NOTE

     This bill would have no impact on the general fund.




Contact
Name: Patricia Tobias, Administrative Director of the Courts 
Phone: 334-2246



STATEMENT OF PURPOSE/FISCAL NOTE                        S 1247