SENATE BILL NO. 1160

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Daily Data Tracking History



S1160................................................by JUDICIARY AND RULES
MURDER/VOLUNTARY MANSLAUGHTER CONVICTIONS - FIREARMS - Amends existing law
to provide that persons convicted of murder or voluntary manslaughter shall
not be restored the right to ship, transport, possess or receive a firearm
regardless of the date of their conviction, if the conviction was the
result of an offense committed by the use of a firearm.
                                                                        
03/11    Senate intro - 1st rdg - to printing
03/12    Rpt prt - to Jud
03/20    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
      Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk
      NAYS -- None
      Absent and excused -- Calabretta, Davis, Williams
    Floor Sponsor - Sweet
    Title apvd - to House
03/25    House intro - 1st rdg - to Jud
03/28    Rpt out - rec d/p - to 2nd rdg
03/31    2nd rdg - to 3rd rdg
04/01    3rd rdg - PASSED - 67-2-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,
      Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker.
      NAYS -- Harwood, Kulczyk
      Absent and excused -- Campbell
    Floor Sponsor - Edmunson
    Title apvd - to Senate
04/02    To enrol
04/03    Rpt enrol - Pres signed
04/04    Sp signed
04/07    To Governor
04/08    Governor signed
         Session Law Chapter 253
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1160
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CRIMES AND PUNISHMENTS; AMENDING SECTION 18-310,  IDAHO  CODE,  TO
  3        PROVIDE  THAT  PERSONS CONVICTED OF MURDER OR VOLUNTARY MANSLAUGHTER SHALL
  4        NOT BE RESTORED THE RIGHT TO SHIP, TRANSPORT, POSSESS OR RECEIVE A FIREARM
  5        REGARDLESS OF THE DATE OF THEIR  CONVICTION  IF  THE  CONVICTION  WAS  THE
  6        RESULT OF AN OFFENSE COMMITTED BY USE OF A FIREARM.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  18-310, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        18-310.  IMPRISONMENT -- EFFECT ON CIVIL RIGHTS AND OFFICES.  (1)  A  sen-
 11    tence of custody to the Idaho state board of correction suspends all the civil
 12    rights  of  the  person  so  sentenced including the right to refuse treatment
 13    authorized by the sentencing court, and forfeits all public  offices  and  all
 14    private trusts, authority or power during such imprisonment: provided that any
 15    such  person  may bring an action for damages or other relief in the courts of
 16    this state or have an action brought against such person; and provided further
 17    that any such person may lawfully exercise  all  civil  rights  that  are  not
 18    political  during any period of parole or probation, except the right to ship,
 19    transport, possess or receive a firearm, and the  right  to  refuse  treatment
 20    authorized by the sentencing court.
 21        (2)  Upon final discharge, a person convicted of any Idaho felony shall be
 22    restored  the full rights of citizenship, except that for persons convicted of
 23    treason or those offenses enumerated in paragraphs (a) through  (jj)  of  this
 24    subsection  the  right  to ship, transport, possess or receive a firearm shall
 25    not be restored. As used in this subsection, "final discharge" means satisfac-
 26    tory completion of imprisonment, probation and parole as the case may be.
 27        (a)  aggravated assault (18-905, 18-915, Idaho Code);
 28        (b)  aggravated battery (18-907, 18-915, Idaho Code);
 29        (c)  assault with intent to commit a serious felony (18-909, 18-915, Idaho
 30        Code);
 31        (d)  battery with intent to commit a serious felony (18-911, 18-915, Idaho
 32        Code);
 33        (e)  burglary (18-1401, Idaho Code);
 34        (f)  crime against nature (18-6605, Idaho Code);
 35        (g)  domestic battery, felony (18-918, Idaho Code);
 36        (h)  enticing of children, felony (18-1509, Idaho Code);
 37        (i)  forcible sexual penetration by use  of  a  foreign  object  (18-6608,
 38        Idaho Code);
 39        (j)  indecent exposure, felony (18-4116, Idaho Code);
 40        (k)  injury to child, felony (18-1501, Idaho Code);
 41        (l)  intimidating a witness, felony (18-2604, Idaho Code);
 42        (m)  lewd  conduct  with  a minor or child under sixteen (18-1508(3), (4),
 43        (5) and (6), Idaho Code);
                                                                        
                                           2
                                                                        
  1        (n)  sexual abuse of a child under sixteen (18-1506, Idaho Code);
  2        (o)  sexual exploitation of a child (18-1507, Idaho Code);
  3        (p)  felonious rescuing prisoners (18-2501, Idaho Code);
  4        (q)  escape by one charged with, convicted of or on probation for a felony
  5        (18-2505, Idaho Code);
  6        (r)  unlawful possession of a firearm (18-3316, Idaho Code);
  7        (s)  degrees of murder (18-4003, Idaho Code);
  8        (t)  voluntary manslaughter (18-4006(1), Idaho Code);
  9        (u)  assault with intent to murder (18-4015, Idaho Code);
 10        (v)  administering poison with intent to kill (18-4014, Idaho Code);
 11        (w)  kidnapping (18-4501, Idaho Code);
 12        (x)  mayhem (18-5001, Idaho Code);
 13        (y)  rape (18-6101, Idaho Code);
 14        (z)  male rape (18-6108, Idaho Code);
 15        (aa) robbery (18-6501, Idaho Code);
 16        (bb) ritualized abuse of a child (18-1506A, Idaho Code);
 17        (cc) cannibalism (18-5003, Idaho Code);
 18        (dd) felonious manufacture, delivery or possession with the intent to man-
 19        ufacture or deliver, or possession of a  controlled  or  counterfeit  sub-
 20        stance (37-2732, Idaho Code);
 21        (ee) trafficking (37-2732B, Idaho Code);
 22        (ff) threats  against  state  officials  of  the executive, legislative or
 23        judicial branch, felony (18-1353A, Idaho Code);
 24        (gg) unlawful discharge of a firearm at a dwelling house, occupied  build-
 25        ing, vehicle or mobile home (18-3317, Idaho Code);
 26        (hh) unlawful possession of destructive devices (18-3319, Idaho Code);
 27        (ii) unlawful use of destructive device or bomb (18-3320, Idaho Code);
 28        (jj) attempt  (18-306,  Idaho  Code), conspiracy (18-1701, Idaho Code), or
 29        solicitation (18-2001, Idaho Code), to commit any of the crimes  described
 30        in paragraphs (a) through (ii) of this subsection.
 31        (kk) The  provisions  of this subsection shall apply only to those persons
 32        convicted of the enumerated felonies in paragraphs  (a)  through  (jj)  of
 33        this subsection on or after July 1, 1991, except that persons convicted of
 34        the  felonies enumerated in paragraphs (s) and (t) of this subsection, for
 35        any degree of murder or voluntary manslaughter, shall not be restored  the
 36        right  to  ship, transport, possess or receive a firearm regardless of the
 37        date of their conviction if the conviction was the result  of  an  offense
 38        committed by use of a firearm.
 39        (3)  A  person not restored to the civil right to ship, transport, possess
 40    or receive a firearm may make application to the  commission  of  pardons  and
 41    parole  to  restore  the  civil right to ship, transport, possess or receive a
 42    firearm. The commission shall not accept any such application until  five  (5)
 43    years after the date of final discharge. The commission shall conduct the pro-
 44    ceeding upon such application pursuant to rules adopted in accordance with the
 45    law. The commission shall not restore the right to ship, transport, possess or
 46    receive  a  firearm  to  any  person  convicted  of murder in the first degree
 47    (18-4003, Idaho Code), murder in the second degree (18-4003, Idaho  Code),  or
 48    any  felony  enumerated in paragraphs (a) through (jj) of subsection (2), upon
 49    which the sentence was enhanced for the use of a firearm during the commission
 50    of said felony.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13078

     This public safety amendment prevents persons convicted of degrees
of murder or voluntary manslaughter from shipping, transporting,
possessing, or receiving a firearm after final discharge from custody
from the Idaho State Board of Correction.  It would eliminate the
loophole allowing felons who were convicted of such crimes before July
1, 1991 to exercise this right.  Based upon their past conduct, such
felons have demonstrated their unfitness to be entrusted with firearms.

Similar amendments to state laws have been upheld by the federal
courts.  See United States v. Liefert, 16 Fed. Appx. 663 (9th Cir. 2001)
(a Montana law that added a convicted inmate's crime to the list of
crimes for which a person is deprived of the right to possess firearms
after release from prison was not an ex post facto law because such laws
are not penal in nature; they are regulatory and further the substantial
and legitimate safety interest in preventing misuse of firearms); United
States v. Collins, 61 F.3d 1379 (9th Cir. 1995), cert. denied, 516 U.S.
1000, 116 S. Ct. 543, 133 L. Ed.2d 446 (similar ruling with respect to
analyzing the defendant's conviction in Illinois and Illinois law
concerning restoration of civil rights); United States v. Huss, 7 F.3d
1444 (9th Cir. 1993) (similar ruling with respect to an Oregon law),
overruled on other grounds, United States v. Sanchez-Rodriguez, 161 F.3d
556 (9th Cir. 1998).  See also United States v. O'Neal, 180 F.3d 115 (4thCir. 1999), cert. denied, 528 U.S. 980, 120 S. Ct. 433, 145 L. Ed.2d 339
(agreeing with 9th Circuit's decision in Huss, the court upheld a
challenge to a North Carolina); Cases v. United States, 131 F.2d 916 (1stCir. 1942), cert. denied, 319 U.S. 770, 63 S. Ct. 1431, 87 L. Ed.2d 1718
(1943) (upholding the Federal Firearms Act under the ex post facto clause
because it was not a penal law).
                          FISCAL IMPACT
There is no fiscal impact.


Contact
Name: Senator Gerry Sweet 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                  S 1160