1998 Legislation
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HOUSE BILL NO. 569 – Firearm, denial, felony convictions

HOUSE BILL NO. 569

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Daily Data Tracking History



H0569................................by JUDICIARY, RULES AND ADMINISTRATION
FIREARMS - Amends existing law to provide that felony convictions for
certain additional crimes may be used as a basis for denial of the right to
ship, transport, possess or receive a firearm.

01/30    House intro - 1st rdg - to printing
02/02    Rpt prt - to Jud
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 63-0-7
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Chase, Clark, Crane, Crow, Cuddy,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
      Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(20), Judd,
      Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Miller, Newcomb, Pischner,
      Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali, Schaefer,
      Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail,
      Watson, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Callister, Campbell, Deal, Geddes, Jones(22),
      Mortensen, Mr Speaker
    Floor Sponsor - Sali
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Jud
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 29-0-6
      AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins,
      Ingram, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch,
      Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs, Wheeler,
      Whitworth
      NAYS--None
      Absent and excused--Andreason, Hansen, Ipsen, Keough, Parry, Sandy
    Floor Sponsor - Boatright
    Title apvd - to House
03/18    To enrol
03/18    Rpt enrol - Sp signed
03/19    Pres signed - to Governor
03/20    Governor signed
         Session Law Chapter 171
         Effective: 07/01/98

Bill Text


H0569


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 569

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE RESTORATION OF CIVIL RIGHTS; AMENDING  SECTION  18-310,  IDAHO
 3        CODE, TO PROVIDE THAT FELONY CONVICTIONS FOR CERTAIN ADDITIONAL CRIMES MAY
 4        BE  USED AS A BASIS FOR DENIAL OF THE RIGHT TO SHIP, TRANSPORT, POSSESS OR
 5        RECEIVE A FIREARM, TO MAKE TECHNICAL CORRECTIONS AND  TO  DELETE  OBSOLETE
 6        TERMINOLOGY.

 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  the  final discharge ,   of  a
22    person  convicted  of any Idaho felony  shall be restored the full rights
23    of citizenship,  except  treason and those enumerated in  paragraph
24    (a) of this subsection with regard to the right to ship, transport, possess or
25    receive  a  firearm, a person shall be restored the full rights of citizenship
26      that for persons convicted of treason or those  offenses  enumer-
27    ated  in  paragraphs  (a)  through  (jj) of this subsection the right to ship,
28    transport, possess or receive a firearm shall not be restored . As  used
29    in this subsection, "final discharge" means satisfactory completion of impris-
30    onment, probation and parole as the case may be.
31        (a)    Any  person  convicted  of   aggravated assault (18-905,
32         18-915,  Idaho Code) ,  ; 
33         (b)   aggravated battery (18-907,  18-915,    Idaho
34        Code) ,  ; 
35          (c)   assault with intent to commit a serious felony (18-909,
36         18-915,  Idaho Code) ,  ; 
37         (d)   battery with intent to commit a serious felony  (18-911,
38         18-915,  Idaho Code) ,  ; 
39          (e)    burglary  (18-1401,  Idaho  Code) ,  ;
40        
41         (f)  crime against nature (18-6605, Idaho Code);
42        (g)  domestic battery, felony (18-918, Idaho Code);
43        (h)  enticing of children, felony (18-1509, Idaho Code);


                                          2

 1        (i)  forcible sexual penetration by use  of  a  foreign  object  (18-6608,
 2        Idaho Code);
 3        (j)  indecent exposure, felony (18-4116, Idaho Code);
 4        (k)  injury to child, felony (18-1501, Idaho Code);
 5        (l)  intimidating a witness, felony (18-2604, Idaho Code);
 6        (m)    lewd conduct with a minor or child under sixteen (18-1508(3),
 7        (4), (5) and (6), Idaho Code) ,  ;
 8        (n)    sexual  abuse  of  a  child  under  sixteen  (18-1506,  Idaho
 9        Code) ,  ;
10        (o)  sexual exploitation of a child (18-1507, Idaho Code); 
11         (p)   felonious rescuing prisoners (18-2501, Idaho  Code)
12        ,  ;
13        (q)   escape by one charged with, convicted of or on probation for a
14        felony (18-2505, Idaho Code) ,  ;
15        (r)    unlawful possession of a firearm (18-3316, Idaho Code) ,
16         ;
17        (s)   degrees of murder (18-4003, Idaho Code) ,  ;
18        (t)    voluntary  manslaughter  (18-4006(1),  Idaho   Code)   ,
19         ;
20        (u)    assault  with  intent  to murder (18-4015, Idaho Code) ,
21         ;
22        (v)   administering poison  with  intent  to  kill  (18-4014,  Idaho
23        Code) ,  ;
24        (w)   kidnapping (18-4501, Idaho Code) ,  ;
25        (x)   mayhem (18-5001, Idaho Code) ,  ;
26        (y)   rape (18-6101, Idaho Code) ,  ;
27        (z)   male rape (18-6108, Idaho Code) ,  ;
28        (aa)  robbery (18-6501, Idaho Code) ,  ;
29        (bb)   ritualized  abuse  of  a  child (18-1506A, Idaho Code) ,
30         ;
31        (cc)  cannibalism (18-5003, Idaho Code) ,  ;
32        (dd)  felonious manufacture, delivery or possession with the  intent
33        to  manufacture  or  deliver, or possession of a controlled or counterfeit
34        substance (37-2732, Idaho Code) ,  ;
35        (ee)  trafficking (37-2732B, Idaho Code) ,  ; 
36         or any person convicted of an 
37         (ff) threats against state officials of the  executive,  legislative
38        or judicial branch, felony (18-1353A, Idaho Code);
39        (gg) unlawful  discharge of a firearm at a dwelling house, occupied build-
40        ing, vehicle or mobile home (18-3317, Idaho Code);
41        (hh) unlawful possession of destructive devices (18-3319, Idaho Code);
42        (ii) unlawful use of destructive device or  bomb  (18-3320,  Idaho  Code);
43        
44         (jj)  attempt (18-306, Idaho Code), conspiracy (18-1701, Idaho
45        Code),  or solicitation (18-2001, Idaho Code), to commit any of the crimes
46        described in  subsection (2)   paragraphs  (a) 
47        through (ii)  of this  sub section.
48        ( b  kk ) The provisions of  this  subsection  shall
49        apply  only  to  those  persons  convicted  of  the enumerated felonies in
50        paragraph s  (a)  through (jj)  of  this  subsection
51        on or after July 1, 1991.
52        (3)  A  person not restored to the civil right to ship, transport, possess
53    or receive a firearm may make application to the  commission  of  pardons  and
54    parole  to  restore  the  civil right to ship, transport, possess or receive a
55    firearm. The commission shall not accept any such application until  five  (5)


                                          3

 1    years after the date of final discharge. The commission shall conduct the pro-
 2    ceeding  upon  such  application  pursuant to  the  rules  and
 3    regulations  adopted in accordance with the law.  The  commission  shall
 4    not  restore the right to ship, transport, possess or receive a firearm to any
 5    person convicted of murder in the first degree (18-4003, Idaho  Code),  murder
 6    in  the  second  degree  (18-4003,  Idaho  Code),  or any felony enumerated in
 7    paragraph s  (a)  through (jj)   of    this  
 8    subsection   (2) , upon which the sentence was enhanced for the use
 9    of a firearm during the commission of said felony.

Statement of Purpose / Fiscal Impact


    





                        STATEMENT OF PURPOSE
                              RS07644C1
    
    This legislation updates Idaho Code 18-310 and cleans up obsolete language. Idaho 
    Code 18-310 provides a laundry list of felony crimes that suspend a criminal's right to own a 
    firearm. The statute has not been updated to comply with changes in Idaho Code. The list also 
    did not include some felonies that should have been originally included. This amendment updates 
    the list as well as makes the statute more readable.
    
                             FISCAL NOTE
    
    The fiscal impact of this amendment is slight. It lists those criminals that cannot carry 
    firearms without parole approval. It may increase some criminal justice costs in that it is a crime 
    if these criminals are caught illegally possessing these firearms. However, the actual number of 
    cases is relatively small.
    
    Contact: Connie Vietz
          #364-2159
    
    STATEMENT OF PURPOSE/ FISCAL NOTE
    
    Bill No. H 569