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H0321aa....................................................by STATE AFFAIRS
DESTRUCTIVE DEVICES - Amends existing law to define "shrapnel"; to provide
that the unlawful possession of an assembled bomb or destructive device by
certain persons shall constitute a felony; and to provide that a person who
possesses a bomb or destructive device designed to propel shrapnel is
guilty of a felony.
02/23 House intro - 1st rdg - to printing
02/26 Rpt prt - to Jud
03/08 Rpt out - to Gen Ord
03/12 Rpt out amen - to engros
03/13 Rpt engros - 1st rdg - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
03/15 3rd rdg as amen - PASSED - 64-0-6
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Jones,
Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley,
McKague, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman,
Trail, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Campbell, Gagner, Henbest, Meyer, Wheeler, Wood
Floor Sponsors -- Shepherd, Moss
Title apvd - to Senate
03/16 Senate intro - 1st rdg - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/22 3rd rdg as amen - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Hawkins, Sorensen
Floor Sponsor -- Richardson
Title apvd - to House
To enrol
03/23 Rpt enrol - Sp signed
Pres signed
03/26 To Governor
03/28 Governor signed
Session Law Chapter 256
Effective: 03/28/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 321
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO UNLAWFUL POSSESSION AND USE OF DESTRUCTIVE DEVICES OR BOMBS;
3 AMENDING SECTION 18-3318, IDAHO CODE, TO REVISE DEFINITIONS FOR "BOMB" AND
4 "DESTRUCTIVE DEVICE" AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
5 18-3319, IDAHO CODE, TO PROVIDE REFERENCE TO BOMBS AND TO PROVIDE THAT THE
6 UNLAWFUL POSSESSION OF A BOMB OR DESTRUCTIVE DEVICE SHALL CONSTITUTE A
7 FELONY; AMENDING SECTION 18-3320, IDAHO CODE, TO PROVIDE THAT A PERSON WHO
8 TRANSPORTS A BOMB OR DESTRUCTIVE DEVICE SHALL BE GUILTY OF A FELONY AND TO
9 DELETE LANGUAGE REQUIRING AN INTENT TO INJURE THE PERSON OR PROPERTY OF
10 ANOTHER BY SUCH TRANSPORT; AND DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 18-3318, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 18-3318. DEFINITIONS. Definitions as used in sections 18-3319, 18-3320
15 and 18-3321, Idaho Code.:
16 (1) "Bomb" means any chemical or mixture of chemicals contained in such a
17 manner that it can be made to explode with fire or force, and combined with
18 the method or mechanism intended to cause its explosion. The term includes
19 components of a bomb only when the individual charged has taken steps to place
20 the components in proximity to each other, or has partially assembled compo-
21 nents from which a completed bomb can be readily assembled. "Bomb" does not
22 include: rifle, pistol or shotgun ammunition and their components,;
23 fireworks,; boating, railroad and other safety flares or propellants used in
24 model rockets or similar hobby activities; or fertilizers, farm chemicals,
25 diesel fuel, gasoline or oil transported by or under the control of manufac-
26 turers, distributors, farmers or ranchers for utilization in production agri-
27 culture.
28 (2) "Destructive device" means:
29 (a) Any explosive, incendiary or poisonous gas:
30 (i) Bomb;
31 (ii) Grenade;
32 (iii) Rocket having a propellant charge of more than four (4) ounces;
33 (iv) Missile having an explosive or incendiary charge of more than
34 one-fourth (1/4) ounce;
35 (v) Mine;
36 (vi) Similar device.
37 (b) Any type of weapon, by whatever name known, which will, or which may
38 be imminently converted to, expel a projectile by the action of an explo-
39 sive or other propellant, the barrel or barrels of which have a bore of
40 more than .700 inches in diameter, except rifled and unrifled shotguns or
41 shotgun shells.
42 (c) Components of a destructive device only when the individual charged
43 has taken steps to place the components in proximity to each other, or has
2
1 partially assembled components from which a completed destructive device
2 can be readily assembled.
3 (d) The term "destructive device" shall not include:
4 (i) Any device which is neither designed nor redesigned for use as
5 a weapon;
6 (ii) Any device which, although originally designed for use as a
7 weapon, has been redesigned for use as a signaling, pyrotechnic,
8 line throwing, safety or similar device;
9 (iii) Otherwise lawfully owned surplus military ordnance;
10 (iv) Antiques or reproductions thereof and rifles held for sporting,
11 recreational, investment or display purposes; or
12 (v) Rifle, pistol or shotgun ammunition and their components; or
13 (vi) Fertilizers, farm chemicals, diesel fuel, gasoline or oil
14 transported by or under the control of manufacturers, distributors,
15 farmers or ranchers for utilization in production agriculture.
16 SECTION 2. That Section 18-3319, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 18-3319. UNLAWFUL POSSESSION OF BOMBS OR DESTRUCTIVE DEVICES. Any person
19 who knowingly, intentionally, or recklessly possesses or controls a bomb or
20 destructive device for a purpose unlawful pursuant to title 18, Idaho Code, is
21 guilty of a felony, punishable by up to a five thousand dollar ($5,000) fine
22 and five (5) years in prison.
23 SECTION 3. That Section 18-3320, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 18-3320. UNLAWFUL USE OF DESTRUCTIVE DEVICE OR BOMB. Any person who know-
26 ingly, intentionally, or recklessly:
27 (1) Conspires to use, uses or causes to be used a destructive device or
28 bomb in the commission of or an attempt to commit a felony; or
29 (2) With the intent to injure the person or property of another,
30 tTransports a bomb or destructive device; or
31 (3) Injures another or conspires or attempts to injure another in his
32 person or property through the use of a destructive device or bomb is guilty
33 of a felony, punishable by up to a twenty-five thousand dollar ($25,000) fine
34 and life in prison.
35 SECTION 4. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by
Seconded by
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 321
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 24, delete "; or fertilizers, farm
3 chemicals,"; delete lines 25 and 26; in line 27, delete "culture"; on page 2,
4 in line 12, delete "; or" and insert: "."; and delete lines 13 through 15 and
5 insert:
6 "(3) "Shrapnel" means any metal, ceramic, glass, hard plastic or other
7 material of sufficient hardness to puncture human skin when propelled by force
8 of the bomb or destructive device to which it is attached or in which it is
9 contained.".
10 AMENDMENTS TO SECTION 2
11 On page 2, in line 18, following "DEVICES." insert: "(1)"; in line 20,
12 delete "for a purpose unlawful pursuant to title 18, Idaho Code," and insert:
13 "for a purpose unlawful pursuant to title 18, Idaho Code,"; and following line
14 22, insert:
15 "(2) Any person who knowingly possesses an assembled bomb or assembled
16 destructive device and who:
17 (a) Has been convicted of a felony; or
18 (b) Has been found guilty of any crime where such conviction results in
19 the person being prohibited from possessing or owning firearms; or
20 (c) Is in possession or control of any substance or paraphernalia in
21 violation of sections 37-2732B, 37-2734A or 37-2734B, Idaho Code;
22 is guilty of a felony, punishable by up to a five thousand dollar ($5,000)
23 fine and five (5) years in prison.
24 (3) Any person who possesses a bomb or destructive device designed to
25 propel shrapnel is guilty of a felony, punishable by up to a five thousand
26 dollar ($5,000) fine and five (5) years in prison.".
27 AMENDMENT TO THE BILL
28 On page 2, delete lines 23 through 34; and in line 35, delete "SECTION 4"
29 and insert: "SECTION 3".
30 CORRECTIONS TO TITLE
31 On page 1, in line 3, delete "REVISE DEFINITIONS FOR "BOMB" AND"; in line
32 4, delete ""DESTRUCTIVE DEVICE"" and insert: "DEFINE "SHRAPNEL""; in line 5,
33 delete "AND TO PROVIDE THAT THE"; delete lines 6 through 9, and in line 10,
34 delete "ANOTHER BY SUCH TRANSPORT" and insert: ", TO PROVIDE THAT THE UNLAWFUL
35 POSSESSION OF AN ASSEMBLED BOMB OR ASSEMBLED DESTRUCTIVE DEVICE BY CERTAIN
36 PERSONS SHALL CONSTITUTE A FELONY AND TO PROVIDE THAT A PERSON WHO POSSESSES A
37 BOMB OR DESTRUCTIVE DEVICE DESIGNED TO PROPEL SHRAPNEL IS GUILTY OF A FELONY".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 321, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO UNLAWFUL POSSESSION AND USE OF DESTRUCTIVE DEVICES OR BOMBS;
3 AMENDING SECTION 18-3318, IDAHO CODE, TO DEFINE "SHRAPNEL" AND TO MAKE A
4 TECHNICAL CORRECTION; AMENDING SECTION 18-3319, IDAHO CODE, TO PROVIDE
5 REFERENCE TO BOMBS, TO PROVIDE THAT THE UNLAWFUL POSSESSION OF AN ASSEM-
6 BLED BOMB OR ASSEMBLED DESTRUCTIVE DEVICE BY CERTAIN PERSONS SHALL CONSTI-
7 TUTE A FELONY AND TO PROVIDE THAT A PERSON WHO POSSESSES A BOMB OR
8 DESTRUCTIVE DEVICE WHICH BY ITS DESIGN WILL PROPEL SHRAPNEL IS GUILTY OF A
9 FELONY; AND DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 18-3318, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 18-3318. DEFINITIONS. Definitions as used in sections 18-3319, 18-3320
14 and 18-3321, Idaho Code.:
15 (1) "Bomb" means any chemical or mixture of chemicals contained in such a
16 manner that it can be made to explode with fire or force, and combined with
17 the method or mechanism intended to cause its explosion. The term includes
18 components of a bomb only when the individual charged has taken steps to place
19 the components in proximity to each other, or has partially assembled compo-
20 nents from which a completed bomb can be readily assembled. "Bomb" does not
21 include: rifle, pistol or shotgun ammunition and their components,;
22 fireworks,; boating, railroad and other safety flares or propellants used in
23 model rockets or similar hobby activities.
24 (2) "Destructive device" means:
25 (a) Any explosive, incendiary or poisonous gas:
26 (i) Bomb;
27 (ii) Grenade;
28 (iii) Rocket having a propellant charge of more than four (4) ounces;
29 (iv) Missile having an explosive or incendiary charge of more than
30 one-fourth (1/4) ounce;
31 (v) Mine;
32 (vi) Similar device.
33 (b) Any type of weapon, by whatever name known, which will, or which may
34 be imminently converted to, expel a projectile by the action of an explo-
35 sive or other propellant, the barrel or barrels of which have a bore of
36 more than .700 inches in diameter, except rifled and unrifled shotguns or
37 shotgun shells.
38 (c) Components of a destructive device only when the individual charged
39 has taken steps to place the components in proximity to each other, or has
40 partially assembled components from which a completed destructive device
41 can be readily assembled.
42 (d) The term "destructive device" shall not include:
43 (i) Any device which is neither designed nor redesigned for use as
2
1 a weapon;
2 (ii) Any device which, although originally designed for use as a
3 weapon, has been redesigned for use as a signaling, pyrotechnic,
4 line throwing, safety or similar device;
5 (iii) Otherwise lawfully owned surplus military ordnance;
6 (iv) Antiques or reproductions thereof and rifles held for sporting,
7 recreational, investment or display purposes; or
8 (v) Rifle, pistol or shotgun ammunition and their components.
9 (3) "Shrapnel" means any metal, ceramic, glass, hard plastic or other
10 material of sufficient hardness to puncture human skin when propelled by force
11 of the bomb or destructive device to which it is attached or in which it is
12 contained.
13 SECTION 2. That Section 18-3319, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 18-3319. UNLAWFUL POSSESSION OF BOMBS OR DESTRUCTIVE DEVICES. (1) Any
16 person who knowingly, intentionally, or recklessly possesses or controls a
17 bomb or destructive device for a purpose unlawful pursuant to title 18, Idaho
18 Code, is guilty of a felony, punishable by up to a five thousand dollar
19 ($5,000) fine and five (5) years in prison.
20 (2) Any person who knowingly possesses an assembled bomb or assembled
21 destructive device and who:
22 (a) Has been convicted of a felony; or
23 (b) Has been found guilty of any crime where such conviction results in
24 the person being prohibited from possessing or owning firearms; or
25 (c) Is in possession or control of any substance or paraphernalia in
26 violation of section 37-2732B, 37-2734A or 37-2734B, Idaho Code, or the
27 felony provisions of section 37-2732, Idaho Code;
28 is guilty of a felony, punishable by up to a five thousand dollar ($5,000)
29 fine and five (5) years in prison.
30 (3) Any person who possesses a bomb or destructive device which by its
31 design will propel shrapnel is guilty of a felony, punishable by up to a five
32 thousand dollar ($5,000) fine and five (5) years in prison.
33 SECTION 3. An emergency existing therefor, which emergency is hereby
34 declared to exist, this act shall be in full force and effect on and after its
35 passage and approval.
STATEMENT OF PURPOSE
RS 10795C1
Clarifying unlawful possession of a bomb or destructive device,
and providing for exemptions.
FISCAL IMPACT
There is no impact to the general fund.
Contact
Name: Rep. Mary Lou Shepherd
Rep. Tom Moss
Phone: 208/332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 321