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H0137aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
WEAPONS - SCHOOL PROPERTY - Amends existing law to clarify that it shall be
unlawful for a person to carry a firearm or other deadly or dangerous
weapon on or about his person while on the property of a public or private
elementary or secondary school; to provide judicial review after expulsion;
to provide exceptions; and to further define "firearm."
01/29 House intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 58-8-4
AYES -- Alltus, Bell, Bieter, Black, Boe, Bruneel, Campbell, Chase,
Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck,
Jaquet, Jones, Judd, Kempton, Kunz, Lake, Limbaugh, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pischner, Pomeroy, Reynolds, Ringo, Robison, Schaefer,
Sellman, Smith, Smylie, Stevenson, Stoicheff, Taylor, Tilman, Trail,
Watson, Wheeler, Williams, Wood, Zimmermann
NAYS -- Barraclough, Barrett, Geddes, Henbest, Kendell, Ridinger,
Stone, Tippets
Absent and excused -- Callister, Kellogg, Sali, Mr Speaker
Floor Sponsor - Hansen(23)
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Jud
03/11 Rpt out - to 14th Ord
Rpt out amen - to 1st rdg as amen
03/12 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/15 Rules susp - PASSED - 23-7-5
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Hawkins, Ingram, Ipsen, King, Lee, Noh,
Richardson, Riggs, Risch, Sandy, Sorensen, Stennett, Thorne, Wheeler,
Whitworth
NAYS--Crow, Danielson, Deide, Geddes, Keough, McLaughlin, Stegner
Absent and excused--Dunklin, Frasure, Parry, Schroeder, Twiggs
Floor Sponsor - Darrington
Title apvd - to House
03/16 House concurred in Senate amens - to engros
03/17 Rpt engros - 1st rdg - to 2nd rdg as amen
03/18 To enrol
03/18 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 64-3-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kunz, Lake, Linford, Loertscher,
Mader, Marley, McKague, Meyer(Duncan), Mortensen, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman, Smith,
Smylie, Stevenson, Stoicheff, Taylor, Tilman, Tippets, Trail, Watson,
Wheeler, Williams, Wood, Mr Speaker
NAYS -- Kendell, Ringo, Stone
Absent and excused -- Limbaugh, Montgomery, Zimmermann
Floor Sponsor - Hansen(23)
Title apvd - to enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/29 Governor VETOED
H0137|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 137, As Amended in the Senate BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO CARRYING WEAPONS OR FIREARMS ON SCHOOL PROPERTY; AMENDING SECTION 3 18-3302D, IDAHO CODE, TO CLARIFY THAT IT SHALL BE UNLAWFUL FOR ANY PERSON 4 TO CARRY A FIREARM OR OTHER DEADLY OR DANGEROUS WEAPON ON OR ABOUT HIS 5 PERSON WHILE ON THE PROPERTY OF A PUBLIC OR PRIVATE ELEMENTARY OR SECOND- 6 ARY SCHOOL, TO PROVIDE EXCEPTIONS, TO PROVIDE FOR JUDICIAL REVIEW UPON 7 EXPULSION, TO PROVIDE CLERICAL CORRECTIONS AND TO FURTHER DEFINE THE TERM 8 "FIREARM"; AMENDING SECTION 18-3302C, IDAHO CODE, TO REVISE PROHIBITIONS 9 ON CARRYING A CONCEALED WEAPON BY STRIKING REFERENCE TO SCHOOLS; AND 10 DECLARING AN EMERGENCY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 18-3302D, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 18-3302D. CARRYING WEAPONS OR FIREARMS ON SCHOOL PROPERTY. (1) It shall 15 be unlawful and is a misdemeanor for any person under the age oftwenty-16one (21)eighteen (18) years to carry a firearm, dirk 17 knife, bowie knife, dagger, metal knuckles or other deadly or dangerous weapon 18 on or about his person while on the property of a public or private elementary 19 or secondary school or in those portions of any building, stadium or other 20 structure on school grounds which were, at the time of the violation, being 21 used for an activity sponsored by or through such a school in this state or 22 while riding school provided transportation. Provisions of this section shall 23 not apply to persons in private vehicles delivering children to and from 24 school or school activities. The provisions of this section shall not 25 apply to any student enrolled in school who has lawful possession of a firearm 26 secured in his vehicle in an unobtrusive, nonthreatening manner. Per- 27 sons who are found guilty of violating the provisions of this section may be 28 sentenced to a jail term of not more than one (1) year, or if a minor, not in 29 excess of one hundred twenty (120) days in a juvenile detention facility, or 30 fined an amount not in excess of one thousand dollars ($1,000) or both. Addi- 31 tionally, the board of trustees of a school district shall expel any person 32 violating the provisions of this section if the violator is a student. 33 An expulsion, upon application, shall be subject to judicial review. 34 The school shall immediately suspend the student , if the person is a 35 student, pursuant to the provisions of section 33-205, Idaho Code. If a 36 violator is a student and under the age of eighteen (18) years , 37 the court may place the violator on probation and suspend the juvenile deten- 38 tion or fine or both as long as the violator is enrolled in a program of 39 study recognized by the court that, upon successful completion, will grant the 40 violator a general equivalency diploma (GED) or a high school diploma or other 41 educational program authorized by the court. Upon successful completion of the 42 terms imposed by the court, the court shall discharge the offender from serv- 43 ing the remainder of the sentence. If the violator does not complete, is sus- 2 1 pended from or otherwise withdraws from the program of study imposed by the 2 court, the court, upon receiving such information, shall order the violator to 3 commence serving the sentence provided for in this section. 4 (2) It shall be unlawful and is a misdemeanor for any person eigh- 5 teen (18) years of age or older to carry a firearm, dirk knife, bowie knife, 6 dagger, metal knuckles or other deadly or dangerous weapon on or about his 7 person while on the property of a public or private elementary or secondary 8 school or in those portions of any building, stadium or other structure on 9 school grounds which were, at the time of the violation, being used for an 10 activity sponsored by or through such a school in this state or while riding 11 school-provided transportation. The provisions of this section shall not apply 12 to any adult over eighteen (18) years of age and not enrolled in school who 13 has lawful possession of a firearm secured in his vehicle in an unobtrusive, 14 nonthreatening manner. The provisions of this section shall not apply to per- 15 sons in private vehicles delivering children to and from school or school 16 activities and the provisions of this section shall not apply to persons law- 17 fully engaged in a school-sponsored activity or class in which firearms are a 18 part of the school-sponsored activity or class. Persons who are found guilty 19 of violating the provisions of this section may be sentenced to a jail term of 20 not more than one (1) year, or fined an amount not in excess of one thousand 21 dollars ($1,000) or both. The prohibitions provided by this subsection shall 22 not apply to a peace officer as long as the peace officer is engaged in nor- 23 mal, lawful law enforcement duties or to security personnel hired or con- 24 tracted by a school district if the security personnel is involved in secu- 25 rity work specified in the person's job description with the school district 26 or the contract with the school district, or to any person licensed pursuant 27 to section 18-3302, Idaho Code, to carry a concealed weapon. 28 (3) For purposes of enforcing the provisions of this section, 29 employees of a school district shall be deemed to have the right to search all 30 students or minors, their belongings and lockers which are reasonably believed 31 to be in violation of the provisions of this section regarding the carrying of 32 a firearm, dirk knife, bowie knife, dagger, metal knuckles or other deadly or 33 dangerous weapon. A person shall not be deemed to be in violation of the pro- 34 visions of this section if he is carrying a firearm as part of the require- 35 ments for a hunter safety course offered by or approved by the school dis- 36 trict, or if the person is carrying a firearm while under the supervision of 37 the school district or an employee thereof authorized to give such permission, 38 or if the person is carrying the firearm pursuant to a requirement of law or 39 in compliance with law. 40 (34 ) As used in this section: 41 (a) "Deadly or dangerous weapon" means any weapon as defined in federal 42 law in section 921 of title 18 of the United States Code. 43 (b) "Firearm" means apistol, revolver or other firearm designed to44be fired with the use of a single handweapon from which a 45 projectile is fired by gunpowder . 46 (c) "Minor" means a person under the age of eighteen (18) years. 47 SECTION 2. That Section 18-3302C, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 18-3302C. PROHIBITED CONDUCT. Any person obtaining a license under the 50 provisions of section 18-3302, Idaho Code, shall not: 51 (1) Carry a concealed weapon in a courthouse, juvenile detention facility 52 or jail, public or private school; or 53 (2) Provide information on the application for a permit to carry a con- 3 1 cealed weapon knowing the same to be untrue. Any person violating the provi- 2 sions of this section shall be guilty of a misdemeanor. 3 SECTION 3. An emergency existing therefor, which emergency is hereby 4 declared to exist, this act shall be in full force and effect on and after its 5 passage and approval.
AH0137|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Darrington Seconded by Sorensen IN THE SENATE SENATE AMENDMENTS TO H.B. NO. 137 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 22, following "ties." insert: 3 " The provisions of this section shall not apply to any student enrolled 4 in school who has lawful possession of a firearm secured in his vehicle in an 5 unobtrusive, nonthreatening manner. "; and on page 2, in line 21, fol- 6 lowing " district " insert: " , or to any person licensed pur- 7 suant to section 18-3302, Idaho Code, to carry a concealed weapon "; and 8 in line 38, delete " , such as a rifle or pistol, ". 9 AMENDMENTS TO BILL 10 On page 2, following line 40, insert: 11 "SECTION 2. That Section 18-3302C, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 18-3302C. PROHIBITED CONDUCT. Any person obtaining a license under the 14 provisions of section 18-3302, Idaho Code, shall not: 15 (1) Carry a concealed weapon in a courthouse, juvenile detention facility 16 or jail, public or private school; or 17 (2) Provide information on the application for a permit to carry a con- 18 cealed weapon knowing the same to be untrue. Any person violating the provi- 19 sions of this section shall be guilty of a misdemeanor."; 20 and in line 41, delete "2" and insert: "3". 21 CORRECTIONS TO TITLE 22 On page 1, in line 6, following "SCHOOL," INSERT: "TO PROVIDE EXCEP- 23 TIONS,"; and in line 8, following ";" insert: "AMENDING SECTION 18-3302C, 24 IDAHO CODE, TO REVISE PROHIBITIONS ON CARRYING A CONCEALED WEAPON BY STRIKING 25 REFERENCE TO SCHOOLS;".
STATEMENT OF PURPOSE
RS 08524C3
The purpose of this legislation is to prohibit both juveniles and
adults from carrying weapons on school grounds. Under current law,
adults may carry weapons on school property regardless of their
intent. The legislation also defines weapons that had previously
not been included.
FISCAL NOTE
None.
CONTACT: Rep. Randy Hansen
332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 137