2003 Legislation
Print Friendly

SENATE BILL NO. 1004 – Felon, civil rights, code reference


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

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

Bill Text

  ||||              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
  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);
  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 / Fiscal Impact

                    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