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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
H0444
|||| 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. CARRYING POSSESSING WEAPONS OR FIREARMS ON SCHOOL PROPERTY.
16 (1) (a) It shall be unlawful and is a misdemeanor for any person under the
17 age of twenty-one (21) to carry possess a firearm, dirk knife, bowie
18 knife, dagger, metal knuckles or other deadly or dangerous weapon on or
19 about his person while on the property of a public or private elementary
20 or secondary school 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 such a school in
23 this state or while riding school provided transportation. Provisions of
24 this section shall not apply to persons in private vehicles delivering
25 children to and from school or school activities. Persons who are found
26 guilty of violating the provisions of this section may be sentenced to a
27 jail term of not more than one (1) year, or if a minor, not in excess of
28 one hundred twenty (120) days in a juvenile detention facility, or fined
29 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 under
34 the age of eighteen (18), the court may place the violator on probation
35 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, upon
37 successful completion, will grant the violator a general equivalency
38 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 the
40 court, the court shall discharge the offender from serving the remainder
41 of the sentence. If the violator does not complete, is suspended from or
42 otherwise withdraws from the program of study imposed by the court, the
43 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 to
22 have the right to search all students or minors, including their belongings
23 and lockers, which that 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 carrying possessing of a firearm, dirk knife, bowie knife, dagger,
26 metal knuckles or other deadly or dangerous weapon. A person shall not be
27 deemed to be in violation of the provisions of this section if he is carrying
28 a firearm as part of the requirements for a hunter safety course offered by or
29 approved by the school district, or if the person is carrying a firearm while
30 under the supervision of the school district or an employee thereof authorized
31 to give such permission, or if the person is carrying the firearm pursuant to
32 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 federal
35 law in section 921 of title 18 of the United States Code.
36 (b) "Firearm" means a pistol, revolver or other firearm designed to be
37 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