|
S.F. No. 0072 |
Burglary. |
Sponsored By: Senator(s) Case, Burns and Hicks and
Representative(s) Kroeker and Walters
AN ACT relating to crimes and offenses; modifying penalties and
other provisions relating to the offense of burglary; and providing for an
effective date.
2/3/2014 Bill Number Assigned
2/10/2014 S Received for Introduction
2/11/2014 S Introduced and Referred to S01
ROLL CALL
Ayes:
Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns,
Case, Coe, Cooper, Craft, Driskill, Emerich, Esquibel, F., Geis,
Hastert, Hicks, Hines, Johnson, Landen, Nicholas, P., Nutting, Perkins,
Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Nays:
Senator(s) Christensen, Dockstader and Meier
Ayes 27
Nays 3 Excused
0 Absent 0 Conflicts 0
2/11/2014 S Rereferred to S06
2/13/2014 S06 Recommended Do Pass
ROLL CALL
Ayes:
Senator(s) Barnard, Burns and Craft
Nays:
Senator(s) Christensen and Driskill
Ayes 3
Nays 2 Excused
0 Absent 0 Conflicts 0
2/13/2014 S Placed on General File
2/14/2014 S Passed COW
2/17/2014 S Passed 2nd Reading
2/18/2014 S Laid Back Without
Prejudice
2/19/2014 S Laid Back Without
Prejudice
SF0072S3001/ADOPTED
Page 1-line 1 Delete "modifying
penalties" insert "creating the offense of burglary for minor theft;
specifying elements and penalties of the offense;".
Page 1-line 2 Delete entirely.
Page 1-line 7 After
"6‑3‑301" delete balance of line and insert "by
creating new subsections (d) and (e) and by renumbering (d) as (f) is amended
to".
Page 1-lines 12 through 16 Delete entirely.
Page
2-lines 1 through 24 Delete entirely.
Page
3-lines 1 and 5 Delete
entirely.
Page
3-After line 5 Insert:
"(d) A
person is guilty of burglary for minor theft if, without authority, he enters
or remains in a building, occupied structure or vehicle, or separately secured
or occupied portion thereof, with intent to commit theft and:
(i) Commits no theft or
commits a theft of property with a value of less than one thousand dollars
($1,000.00) in the course of committing the crime;
(ii) Did
not enter with intent to commit a felony and commits no felony in the course of
committing the crime;
(iii) The
building, structure or vehicle was not locked and was not in fact occupied at
the time of entry; and
(iv) The building,
structure or vehicle was not designed or adapted for overnight accommodation.
(e) Burglary for minor theft is a misdemeanor
punishable by imprisonment for not more than one (1) year, a fine of not more
than one thousand dollars ($1,000.00), or both.".
Page 3-line 7 Strike "(d)" insert "(f)"; after "section" delete all new
language.
Page 3-lines 8 through 14 Delete all new
language. CASE, NICHOLAS, P.
2/20/2014 S Failed 3rd Reading
ROLL CALL
Ayes:
Senator(s) Burns, Case, Craft, Esquibel, F.,
Hastert, Hicks, Hines, Nicholas, P., Nutting, Ross, Rothfuss,
Schiffer, Scott and Von Flatern
Nays:
Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout,
Christensen, Coe, Cooper, Dockstader, Driskill, Emerich, Geis, Johnson,
Landen,
Meier, Perkins and Peterson
Ayes 14
Nays 16 Excused
0 Absent 0 Conflicts 0