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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
H0569|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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) Uponthefinal discharge ,ofa 22 person convicted of any Idaho felony shall be restored the full rights 23 of citizenship, excepttreason and those enumerated in paragraph24(a) of this subsection with regard to the right to ship, transport, possess or25receive a firearm, a person shall be restored the full rights of citizenship26that 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 ofaggravated 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),; 36or any person convicted of an37 (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 insubsection (2)paragraphs (a) 47 through (ii) of this sub section. 48 (bkk ) 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 totherulesand3regulationsadopted 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) ofthis8 subsection (2) , upon which the sentence was enhanced for the use 9 of a firearm during the commission of said felony.
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