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H0444................................by JUDICIARY, RULES AND ADMINISTRATION WEAPONS - SCHOOLS - Amends existing law to provide that it shall be unlawful for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school or other structure on school grounds being used for an activity sponsored by or through a school in this state; to provide application to students of schools who are off school property; to define terms; to provide for the search of students or minors; to provide exceptions and to provide penalties; and to provide a circumstance where a person can carry a concealed weapon in a public or private school. 01/26 House intro - 1st rdg - to printing 01/27 Rpt prt - to Jud 02/10 Rpt out - rec d/p - to 2nd rdg 02/11 2nd rdg - to 3rd rdg 02/14 3rd rdg - PASSED - 66-0-4 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Geddes, Hornbeck, Linford, Mr Speaker Floor Sponsor - Hansen(23) Title apvd - to Senate 02/15 Senate intro - 1st rdg - to Jud 03/20 Rpt out - rec d/p - to 2nd rdg 03/21 2nd rdg - to 3rd rdg 03/31 3rd rdg - PASSED - 30-2-3 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Frasure, Geddes, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--Hawkins, McLaughlin Absent and excused--Dunklin, Parry, Sorensen Floor Sponsor - Bunderson Title apvd - to House 04/03 To enrol 04/04 Rpt enrol - Sp signed - Pres signed 04/05 To Governor 04/17 Governor signed Session Law Chapter 420 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 444 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO POSSESSING WEAPONS OR FIREARMS ON SCHOOL PROPERTY; AMENDING SEC- 3 TION 18-3302D, IDAHO CODE, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY 4 PERSON TO POSSESS A FIREARM OR OTHER DEADLY OR DANGEROUS WEAPON WHILE ON 5 THE PROPERTY OF A SCHOOL OR OTHER STRUCTURE ON SCHOOL GROUNDS WHICH WERE 6 BEING USED FOR AN ACTIVITY SPONSORED BY OR THROUGH A SCHOOL IN THIS STATE, 7 TO PROVIDE APPLICATION TO STUDENTS OF SCHOOLS OFF SCHOOL PROPERTY, TO 8 DEFINE TERMS, TO PROVIDE FOR THE SEARCH OF STUDENTS OR MINORS, TO PROVIDE 9 EXCEPTIONS AND TO PROVIDE PENALTIES; AMENDING SECTION 18-3302C, IDAHO 10 CODE, TO PROVIDE A CIRCUMSTANCE WHERE A PERSON CAN CARRY A CONCEALED 11 WEAPON IN A PUBLIC OR PRIVATE SCHOOL; AND PROVIDING AN EFFECTIVE DATE. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 18-3302D, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 18-3302D. CARRYINGPOSSESSING WEAPONS OR FIREARMS ON SCHOOL PROPERTY. 16 (1) (a) It shall be unlawful and is a misdemeanor for any person under the17 age of twenty-one (21)to carrypossess a firearm , dirk knife, bowie18 knife, dagger, metal knucklesor other deadly or dangerous weapon on or19 about his personwhile on the property of a public or private elementary20 or secondaryschool or in those portions of any building, stadium or other 21 structure on school grounds which, were,at the time of the violation, 22 were being used for an activity sponsored by or through sucha school in 23 this state or while riding school provided transportation. Provisions of24 this section shall not apply to persons in private vehicles delivering25 children to and from school or school activities. Persons who are found26 guilty of violating the provisions of this section may be sentenced to a27 jail term of not more than one (1) year, or if a minor, not in excess of28 one hundred twenty (120) days in a juvenile detention facility, or fined29 an amount not in excess of one thousand dollars ($1,000) or both. Addi-30 tionally, the board of trustees of a school district shall expel any per-31 son violating the provisions of this section if the violator is a student.32 The school shall immediately suspend the student pursuant to the provi-33 sions of section 33-205, Idaho Code. If a violator is a student and under34 the age of eighteen (18), the court may place the violator on probation35 and suspend the juvenile detention or fine or both as long as the viola-36 tor is enrolled in a program of study recognized by the court that, upon37 successful completion, will grant the violator a general equivalency38 diploma (GED) or a high school diploma or other educational program autho-39 rized by the court. Upon successful completion of the terms imposed by the40 court, the court shall discharge the offender from serving the remainder41 of the sentence. If the violator does not complete, is suspended from or42 otherwise withdraws from the program of study imposed by the court, the43 court, upon receiving such information, shall order the violator to com-2 1 mence serving the sentence provided for in this section.2 (b) The provisions of this section regarding the possession of a firearm 3 or other deadly or dangerous weapon on school property shall also apply 4 to students of schools while attending or participating in any school 5 sponsored activity, program or event regardless of location. 6 (2) Definitions. As used in this section: 7 (a) "Deadly or dangerous weapon" means any weapon as defined in 18 U.S.C. 8 section 930; 9 (b) "Firearm" means any firearm as defined in 18 U.S.C. section 921; 10 (c) "Minor" means a person under the age of eighteen (18) years; 11 (d) "Possess" means to bring an object, or to cause it to be brought, 12 onto the property of a public or private elementary or secondary school, 13 or onto a vehicle being used for school provided transportation, or to 14 exercise dominion and control over an object located anywhere on such 15 property or vehicle. For purposes of subsection (1)(b) of this section, 16 "possess" shall also mean to bring an object onto the site of a school 17 sponsored activity, program or event, regardless of location, or to exer- 18 cise dominion and control over an object located anywhere on such a site; 19 (e) "School" means a private or public elementary or secondary school. 20 (3) Right to search students or minors. For purposes of enforcing the 21 provisions of this section, employees of a school district shall be deemed to22 have the right to search all students or minors, including their belongings 23 and lockers, whichthat are reasonably believed to be in violation of the pro- 24 visions of this section, or applicable school rule or district policy, regard- 25 ing the carryingpossessing of a firearm , dirk knife, bowie knife, dagger,26 metal knucklesor other deadly or dangerous weapon. A person shall not be27 deemed to be in violation of the provisions of this section if he is carrying28 a firearm as part of the requirements for a hunter safety course offered by or29 approved by the school district, or if the person is carrying a firearm while30 under the supervision of the school district or an employee thereof authorized31 to give such permission, or if the person is carrying the firearm pursuant to32 a requirement of law or in compliance with law.33 (3) As used in this section:34 (a) "Deadly or dangerous weapon" means any weapon as defined in federal35 law in section 921 of title 18 of the United States Code.36 (b) "Firearm" means a pistol, revolver or other firearm designed to be37 fired with the use of a single hand.38 (c) "Minor" means a person under the age of eighteen (18) years.39 (4) The provisions of this section shall not apply to the following per- 40 sons: 41 (a) A peace officer; 42 (b) A person who lawfully possesses a firearm or deadly or dangerous 43 weapon as an appropriate part of a program, an event, activity or other 44 circumstance approved by the board of trustees or governing board; 45 (c) A person or persons complying with the provisions of section 19-202A, 46 Idaho Code; 47 (d) Any adult over eighteen (18) years of age and not enrolled in a pub- 48 lic or private elementary or secondary school who has lawful possession of 49 a firearm or other deadly or dangerous weapon, secured and locked in his 50 vehicle in an unobtrusive, nonthreatening manner; 51 (e) A person who lawfully possesses a firearm or other deadly or danger- 52 ous weapon in a private vehicle while delivering minor children, students 53 or school employees to and from school or a school activity; 54 (f) Notwithstanding the provisions of section 18-3302C, Idaho Code, a 55 person or an employee of the school or school district who is authorized 3 1 to carry a firearm with the permission of the board of trustees of the 2 school district or the governing board. 3 (5) Penalties. Persons who are found guilty of violating the provisions 4 of this section may be sentenced to a jail term of not more than one (1) year 5 or fined an amount not in excess of one thousand dollars ($1,000) or both. If 6 a violator is a student and under the age of eighteen (18) years, the court 7 may place the violator on probation and suspend the juvenile detention or fine 8 or both as long as the violator is enrolled in a program of study recognized 9 by the court that, upon successful completion, will grant the violator a gen- 10 eral equivalency diploma (GED) or a high school diploma or other educational 11 program authorized by the court. Upon successful completion of the terms 12 imposed by the court, the court shall discharge the offender from serving the 13 remainder of the sentence. If the violator does not complete, is suspended 14 from, or otherwise withdraws from the program of study imposed by the court, 15 the court, upon receiving such information, shall order the violator to com- 16 mence serving the sentence provided for in this section. 17 SECTION 2. That Section 18-3302C, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 18-3302C. PROHIBITED CONDUCT. Any person obtaining a license under the 20 provisions of section 18-3302, Idaho Code, shall not: 21 (1) Carry a concealed weapon in a courthouse, juvenile detention facility 22 or jail, public or private school, except as provided in subsection (4)(f) of 23 section 18-3302D, Idaho Code; or 24 (2) Provide information on the application for a permit to carry a con- 25 cealed weapon knowing the same to be untrue. Any person violating the provi- 26 sions of this section shall be guilty of a misdemeanor. 27 SECTION 3. This act shall be in full force and effect on and after July 28 1, 2000.
STATEMENT OF PURPOSE RS 09543C2 The purpose of this legislation is to prohibit both juveniles and adults from possessing weapons on school grounds. The legislation defines deadly or dangerous weapon and firearm and provides exceptions and penalties. This legislation also applies to students at school-sponsored activities regardless of location. FISCAL NOTE None. Contact: Rep. Randy Hansen 332-1000 STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 444