View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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