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S1160................................................by JUDICIARY AND RULES
MURDER/VOLUNTARY MANSLAUGHTER CONVICTIONS - FIREARMS - Amends existing law
to provide that persons convicted of murder or voluntary manslaughter shall
not be restored the right to ship, transport, possess or receive a firearm
regardless of the date of their conviction, if the conviction was the
result of an offense committed by the use of a firearm.
03/11 Senate intro - 1st rdg - to printing
03/12 Rpt prt - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk
NAYS -- None
Absent and excused -- Calabretta, Davis, Williams
Floor Sponsor - Sweet
Title apvd - to House
03/25 House intro - 1st rdg - to Jud
03/28 Rpt out - rec d/p - to 2nd rdg
03/31 2nd rdg - to 3rd rdg
04/01 3rd rdg - PASSED - 67-2-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,
Kellogg, Lake, Langford, Langhorst, 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 -- Harwood, Kulczyk
Absent and excused -- Campbell
Floor Sponsor - Edmunson
Title apvd - to Senate
04/02 To enrol
04/03 Rpt enrol - Pres signed
04/04 Sp signed
04/07 To Governor
04/08 Governor signed
Session Law Chapter 253
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1160
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIMES AND PUNISHMENTS; AMENDING SECTION 18-310, IDAHO CODE, TO
3 PROVIDE THAT PERSONS CONVICTED OF MURDER OR VOLUNTARY MANSLAUGHTER SHALL
4 NOT BE RESTORED THE RIGHT TO SHIP, TRANSPORT, POSSESS OR RECEIVE A FIREARM
5 REGARDLESS OF THE DATE OF THEIR CONVICTION IF THE CONVICTION WAS THE
6 RESULT OF AN OFFENSE COMMITTED BY USE OF A FIREARM.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 18-310, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-310. IMPRISONMENT -- EFFECT ON CIVIL RIGHTS AND OFFICES. (1) A sen-
11 tence of custody to the Idaho state board of correction suspends all the civil
12 rights of the person so sentenced including the right to refuse treatment
13 authorized by the sentencing court, and forfeits all public offices and all
14 private trusts, authority or power during such imprisonment: provided that any
15 such person may bring an action for damages or other relief in the courts of
16 this state or have an action brought against such person; and provided further
17 that any such person may lawfully exercise all civil rights that are not
18 political during any period of parole or probation, except the right to ship,
19 transport, possess or receive a firearm, and the right to refuse treatment
20 authorized by the sentencing court.
21 (2) Upon final discharge, a person convicted of any Idaho felony shall be
22 restored the full rights of citizenship, except that for persons convicted of
23 treason or those offenses enumerated in paragraphs (a) through (jj) of this
24 subsection the right to ship, transport, possess or receive a firearm shall
25 not be restored. As used in this subsection, "final discharge" means satisfac-
26 tory completion of imprisonment, probation and parole as the case may be.
27 (a) aggravated assault (18-905, 18-915, Idaho Code);
28 (b) aggravated battery (18-907, 18-915, Idaho Code);
29 (c) assault with intent to commit a serious felony (18-909, 18-915, Idaho
30 Code);
31 (d) battery with intent to commit a serious felony (18-911, 18-915, Idaho
32 Code);
33 (e) burglary (18-1401, Idaho Code);
34 (f) crime against nature (18-6605, Idaho Code);
35 (g) domestic battery, felony (18-918, Idaho Code);
36 (h) enticing of children, felony (18-1509, Idaho Code);
37 (i) forcible sexual penetration by use of a foreign object (18-6608,
38 Idaho Code);
39 (j) indecent exposure, felony (18-4116, Idaho Code);
40 (k) injury to child, felony (18-1501, Idaho Code);
41 (l) intimidating a witness, felony (18-2604, Idaho Code);
42 (m) lewd conduct with a minor or child under sixteen (18-1508(3), (4),
43 (5) and (6), Idaho Code);
2
1 (n) sexual abuse of a child under sixteen (18-1506, Idaho Code);
2 (o) sexual exploitation of a child (18-1507, Idaho Code);
3 (p) felonious rescuing prisoners (18-2501, Idaho Code);
4 (q) escape by one charged with, convicted of or on probation for a felony
5 (18-2505, Idaho Code);
6 (r) unlawful possession of a firearm (18-3316, Idaho Code);
7 (s) degrees of murder (18-4003, Idaho Code);
8 (t) voluntary manslaughter (18-4006(1), Idaho Code);
9 (u) assault with intent to murder (18-4015, Idaho Code);
10 (v) administering poison with intent to kill (18-4014, Idaho Code);
11 (w) kidnapping (18-4501, Idaho Code);
12 (x) mayhem (18-5001, Idaho Code);
13 (y) rape (18-6101, Idaho Code);
14 (z) male rape (18-6108, Idaho Code);
15 (aa) robbery (18-6501, Idaho Code);
16 (bb) ritualized abuse of a child (18-1506A, Idaho Code);
17 (cc) cannibalism (18-5003, Idaho Code);
18 (dd) felonious manufacture, delivery or possession with the intent to man-
19 ufacture or deliver, or possession of a controlled or counterfeit sub-
20 stance (37-2732, Idaho Code);
21 (ee) trafficking (37-2732B, Idaho Code);
22 (ff) threats against state officials of the executive, legislative or
23 judicial branch, felony (18-1353A, Idaho Code);
24 (gg) unlawful discharge of a firearm at a dwelling house, occupied build-
25 ing, vehicle or mobile home (18-3317, Idaho Code);
26 (hh) unlawful possession of destructive devices (18-3319, Idaho Code);
27 (ii) unlawful use of destructive device or bomb (18-3320, Idaho Code);
28 (jj) attempt (18-306, Idaho Code), conspiracy (18-1701, Idaho Code), or
29 solicitation (18-2001, Idaho Code), to commit any of the crimes described
30 in paragraphs (a) through (ii) of this subsection.
31 (kk) The provisions of this subsection shall apply only to those persons
32 convicted of the enumerated felonies in paragraphs (a) through (jj) of
33 this subsection on or after July 1, 1991, except that persons convicted of
34 the felonies enumerated in paragraphs (s) and (t) of this subsection, for
35 any degree of murder or voluntary manslaughter, shall not be restored the
36 right to ship, transport, possess or receive a firearm regardless of the
37 date of their conviction if the conviction was the result of an offense
38 committed by use of a firearm.
39 (3) A person not restored to the civil right to ship, transport, possess
40 or receive a firearm may make application to the commission of pardons and
41 parole to restore the civil right to ship, transport, possess or receive a
42 firearm. The commission shall not accept any such application until five (5)
43 years after the date of final discharge. The commission shall conduct the pro-
44 ceeding upon such application pursuant to rules adopted in accordance with the
45 law. The commission shall not restore the right to ship, transport, possess or
46 receive a firearm to any person convicted of murder in the first degree
47 (18-4003, Idaho Code), murder in the second degree (18-4003, Idaho Code), or
48 any felony enumerated in paragraphs (a) through (jj) of subsection (2), upon
49 which the sentence was enhanced for the use of a firearm during the commission
50 of said felony.
STATEMENT OF PURPOSE
RS 13078
This public safety amendment prevents persons convicted of degrees
of murder or voluntary manslaughter from shipping, transporting,
possessing, or receiving a firearm after final discharge from custody
from the Idaho State Board of Correction. It would eliminate the
loophole allowing felons who were convicted of such crimes before July
1, 1991 to exercise this right. Based upon their past conduct, such
felons have demonstrated their unfitness to be entrusted with firearms.
Similar amendments to state laws have been upheld by the federal
courts. See United States v. Liefert, 16 Fed. Appx. 663 (9th Cir. 2001)
(a Montana law that added a convicted inmate's crime to the list of
crimes for which a person is deprived of the right to possess firearms
after release from prison was not an ex post facto law because such laws
are not penal in nature; they are regulatory and further the substantial
and legitimate safety interest in preventing misuse of firearms); United
States v. Collins, 61 F.3d 1379 (9th Cir. 1995), cert. denied, 516 U.S.
1000, 116 S. Ct. 543, 133 L. Ed.2d 446 (similar ruling with respect to
analyzing the defendant's conviction in Illinois and Illinois law
concerning restoration of civil rights); United States v. Huss, 7 F.3d
1444 (9th Cir. 1993) (similar ruling with respect to an Oregon law),
overruled on other grounds, United States v. Sanchez-Rodriguez, 161 F.3d
556 (9th Cir. 1998). See also United States v. O'Neal, 180 F.3d 115 (4thCir. 1999), cert. denied, 528 U.S. 980, 120 S. Ct. 433, 145 L. Ed.2d 339
(agreeing with 9th Circuit's decision in Huss, the court upheld a
challenge to a North Carolina); Cases v. United States, 131 F.2d 916 (1stCir. 1942), cert. denied, 319 U.S. 770, 63 S. Ct. 1431, 87 L. Ed.2d 1718
(1943) (upholding the Federal Firearms Act under the ex post facto clause
because it was not a penal law).
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Senator Gerry Sweet
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1160