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HOUSE BILL NO. 631

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Daily Data Tracking History

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H0631................................by JUDICIARY, RULES AND ADMINISTRATION
POLICE OFFICERS - Adds to existing law to provide that a person may not
remove or attempt to remove a firearm from a law enforcement officer and
certain other persons, to provide that a violation is a felony and to
provide for sentencing.

02/06    House intro - 1st rdg - to printing
02/09    Rpt prt - to Jud
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 64-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Bruneel, Callister, Campbell, Chase, Crane,
      Crow, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Judd,
      Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen,
      Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali,
      Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
      Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Boe, Clark, Cuddy, Hansen, Jones(20), Newcomb
    Floor Sponsor - Stubbs
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Jud
03/19    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 29-0-6
      AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow, Deide,
      Dunklin, Frasure, Geddes, Hansen, Ipsen, Keough, King, Lee,
      McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder,
      Sorensen, Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Boatright, Danielson, Darrington, Hawkins,
      Ingram, Sweeney
    Floor Sponsor - Riggs
    Title apvd - to House
03/23    To enrol - rpt enrol - Sp signed
03/24    Pres signed - to Governor
03/25    Governor signed
         Session Law Chapter 395
         Effective: 07/01/98

Bill Text

H0631


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 631

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO LAW ENFORCEMENT OFFICERS; AMENDING  CHAPTER  9,  TITLE  18,  IDAHO
 3        CODE,  BY  THE  ADDITION  OF A NEW SECTION 18-915A, IDAHO CODE, TO PROVIDE
 4        THAT A PERSON MAY NOT REMOVE OR ATTEMPT TO REMOVE A  FIREARM  FROM  A  LAW
 5        ENFORCEMENT OFFICER AND CERTAIN OTHER PERSONS, TO PROVIDE THAT A VIOLATION
 6        IS A FELONY AND TO PROVIDE FOR SENTENCING.

 7    Be It Enacted by the Legislature of the State of Idaho:

 8        SECTION  1.  That  Chapter  9,  Title  18, Idaho Code, be, and the same is
 9    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
10    known and designated as Section 18-915A, Idaho Code, and to read as follows:

11        18-915A.  REMOVING  A FIREARM FROM A LAW ENFORCEMENT OFFICER. (1) A person
12    may not knowingly remove or attempt to remove a firearm from the possession of
13    another person if:
14        (a)  The other person is lawfully acting within the course  and  scope  of
15        employment; and
16        (b)  The  person  knows  or  has  reason  to know that the other person is
17        employed as any of the following:
18             (i)  A law enforcement officer  who,  in  an  official  capacity,  is
19             authorized to make arrests; or
20             (ii) An  employee  of  the  Idaho  board of corrections, of the Idaho
21             department of  juvenile corrections, of any prison,  jail,  detention
22             or booking facility within the state, or of the commission of pardons
23             and parole.
24        (2)  A person who violates this section is guilty of a felony.
25        (3)  A  sentence  imposed  for  a violation of this section may be imposed
26    separate from and consecutive to or concurrent with a sentence for any offense
27    based on the act or acts establishing the offense under this section.

Statement of Purpose / Fiscal Impact

    





                          STATEMENT OF PURPOSE
    
                               RS 07461C1
    
    Currently in Idaho it is not a crime to disarm or attempt 
    to disarm a police officer. This bill makes it clear that 
    to disarm or attempt to disarm a law enforcement officer 
    is a crime .
    
                               FISCAL NOTE
    
    Undeterminable increase in criminal prosecutions. Some 
    savings may be realized in avoiding protracted attempts to 
    use other charges such as obstructing justice to prosecute 
    offenders.
    
    CONTACT: Representative Mark Stubbs
             332-1000
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    Bill No. H631