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S1004...................................................by JUDICIARY AND RULES
FELON - CIVIL RIGHTS - Amends existing law relating to the effect of
imprisonment on civil rights to delete an incorrect code reference.
01/16 Senate intro - 1st rdg - to printing
01/17 Rpt prt - to Jud
01/23 Rpt out - rec d/p - to 2nd rdg
01/24 2nd rdg - to 3rd rdg
01/27 3rd rdg - PASSED - 32-1-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Schroeder, Sorensen, Stegner,
Sweet, Werk
NAYS -- Stennett
Absent and excused -- Richardson, Williams
Floor Sponsor - Sweet
Title apvd - to House
01/27 House intro - 1st rdg - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 67-0-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Lake, Langford, Langhorst(Wallace), Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Black, Crow, Cuddy
Floor Sponsor - Clark
Title apvd - to Senate
03/12 To enrol
03/13 Rpt enrol - Pres signed
03/14 Sp signed
03/17 To Governor
03/21 Governor signed
Session Law Chapter 113
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1004
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE EFFECT OF IMPRISONMENT ON CIVIL RIGHTS AND CERTAIN OFFICES;
3 AMENDING SECTION 18-310, IDAHO CODE, TO DELETE AN INCORRECT REFERENCE.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 18-310, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 18-310. IMPRISONMENT -- EFFECT ON CIVIL RIGHTS AND OFFICES. (1) A sen-
8 tence of custody to the Idaho state board of correction suspends all the civil
9 rights of the person so sentenced including the right to refuse treatment
10 authorized by the sentencing court, and forfeits all public offices and all
11 private trusts, authority or power during such imprisonment: provided that any
12 such person may bring an action for damages or other relief in the courts of
13 this state or have an action brought against such person; and provided further
14 that any such person may lawfully exercise all civil rights that are not
15 political during any period of parole or probation, except the right to ship,
16 transport, possess or receive a firearm, and the right to refuse treatment
17 authorized by the sentencing court.
18 (2) Upon final discharge, a person convicted of any Idaho felony shall be
19 restored the full rights of citizenship, except that for persons convicted of
20 treason or those offenses enumerated in paragraphs (a) through (jj) of this
21 subsection the right to ship, transport, possess or receive a firearm shall
22 not be restored. As used in this subsection, "final discharge" means satisfac-
23 tory completion of imprisonment, probation and parole as the case may be.
24 (a) aggravated assault (18-905, 18-915, Idaho Code);
25 (b) aggravated battery (18-907, 18-915, Idaho Code);
26 (c) assault with intent to commit a serious felony (18-909, 18-915, Idaho
27 Code);
28 (d) battery with intent to commit a serious felony (18-911, 18-915, Idaho
29 Code);
30 (e) burglary (18-1401, Idaho Code);
31 (f) crime against nature (18-6605, Idaho Code);
32 (g) domestic battery, felony (18-918, Idaho Code);
33 (h) enticing of children, felony (18-1509, Idaho Code);
34 (i) forcible sexual penetration by use of a foreign object (18-6608,
35 Idaho Code);
36 (j) indecent exposure, felony (18-4116, Idaho Code);
37 (k) injury to child, felony (18-1501, Idaho Code);
38 (l) intimidating a witness, felony (18-2604, Idaho Code);
39 (m) lewd conduct with a minor or child under sixteen (18-1508(3), (4),
40 (5) and (6), Idaho Code);
41 (n) sexual abuse of a child under sixteen (18-1506, Idaho Code);
42 (o) sexual exploitation of a child (18-1507, Idaho Code);
43 (p) felonious rescuing prisoners (18-2501, Idaho Code);
2
1 (q) escape by one charged with, convicted of or on probation for a felony
2 (18-2505, Idaho Code);
3 (r) unlawful possession of a firearm (18-3316, Idaho Code);
4 (s) degrees of murder (18-4003, Idaho Code);
5 (t) voluntary manslaughter (18-4006(1), Idaho Code);
6 (u) assault with intent to murder (18-4015, Idaho Code);
7 (v) administering poison with intent to kill (18-4014, Idaho Code);
8 (w) kidnapping (18-4501, Idaho Code);
9 (x) mayhem (18-5001, Idaho Code);
10 (y) rape (18-6101, Idaho Code);
11 (z) male rape (18-6108, Idaho Code);
12 (aa) robbery (18-6501, Idaho Code);
13 (bb) ritualized abuse of a child (18-1506A, Idaho Code);
14 (cc) cannibalism (18-5003, Idaho Code);
15 (dd) felonious manufacture, delivery or possession with the intent to man-
16 ufacture or deliver, or possession of a controlled or counterfeit sub-
17 stance (37-2732, Idaho Code);
18 (ee) trafficking (37-2732B, Idaho Code);
19 (ff) threats against state officials of the executive, legislative or
20 judicial branch, felony (18-1353A, Idaho Code);
21 (gg) unlawful discharge of a firearm at a dwelling house, occupied build-
22 ing, vehicle or mobile home (18-3317, Idaho Code);
23 (hh) unlawful possession of destructive devices (18-3319, Idaho Code);
24 (ii) unlawful use of destructive device or bomb (18-3320, Idaho Code);
25 (jj) attempt (18-306, Idaho Code), conspiracy (18-1701, Idaho Code), or
26 solicitation (18-2001, Idaho Code), to commit any of the crimes described
27 in paragraphs (a) through (ii) of this subsection.
28 (kk) The provisions of this subsection shall apply only to those persons
29 convicted of the enumerated felonies in paragraphs (a) through (jj) of
30 this subsection on or after July 1, 1991.
31 (3) A person not restored to the civil right to ship, transport, possess
32 or receive a firearm may make application to the commission of pardons and
33 parole to restore the civil right to ship, transport, possess or receive a
34 firearm. The commission shall not accept any such application until five (5)
35 years after the date of final discharge. The commission shall conduct the pro-
36 ceeding upon such application pursuant to rules adopted in accordance with the
37 law. The commission shall not restore the right to ship, transport, possess or
38 receive a firearm to any person convicted of murder in the first degree
39 (18-4003, Idaho Code), murder in the second degree (18-4003, Idaho Code), or
40 any felony enumerated in paragraphs (a) through (jj) of subsection (2), upon
41 which the sentence was enhanced for the use of a firearm during the commission
42 of said felony.
STATEMENT OF PURPOSE
RS 12511
This bill is one of a series of bills that the Supreme Court has recommended in its
annual report to the Governor concerning defects or omissions in the laws, as required under
article V, section 25 of the Idaho Constitution.
This bill amends Section 18-310, Idaho Code, relating to the suspension of the
rights of citizenship and the right to possess a firearm when a person has been sentenced
to the custody of the State Board of Corrections, to correct an erroneous reference therein
to the crime of lewd conduct with a minor child under sixteen years of age.
Section 18-310(2), Idaho Code, restores a person's civil rights, including the right to
possess a firearm, if he or she has received a final discharge upon a conviction of a felony
offense, except in respect to certain enumerated crimes. One of these enumerated crimes,
"lewd conduct with a minor child under the age of sixteen," is identified by statute
number as "18-1508(3), (4), (5), and (6), Idaho Code." There are no subsections in 18-
1508, Idaho Code, and this bill removes these subsection numbers.
FISCAL NOTE
This bill will not have an impact on state or local funds.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
Statement of Purpose/Fiscal Note S100