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