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H0564......................................................by STATE AFFAIRS
RIGHTS RESTORED - FELONY CONVICTION - Amends existing law to clarify the
restoration of rights of persons convicted of a felony, and who have
achieved final discharge, in another state or jurisdiction.
01/27 House intro - 1st rdg - to printing
01/28 Rpt prt - to St Aff
02/04 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 68-2-0
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
Speaker
NAYS -- McKague, Wood
Absent and excused -- None
Floor Sponsor - Campbell
Title apvd - to Senate
02/11 Senate intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 34-0-1
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, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Noble
Floor Sponsor - Lodge
Title apvd - to House
03/18 To enrol - Rpt enrol - Sp signed
03/19 Pres signed - To Governor
03/23 Governor signed
Session Law Chapter 166
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 564
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE CIVIL RIGHTS OF PERSONS CONVICTED OF CRIME; AMENDING SECTION
3 18-310, IDAHO CODE, TO CLARIFY THE RESTORATION OF RIGHTS TO PERSONS WHO
4 HAVE ACHIEVED FINAL DISCHARGE OF A CONVICTION IN ANOTHER STATE OR JURIS-
5 DICTION AND TO MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 18-310, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-310. IMPRISONMENT -- EFFECT ON CIVIL RIGHTS AND OFFICES. (1) A sen-
10 tence of custody to the Idaho state board of correction suspends all the civil
11 rights of the person so sentenced including the right to refuse treatment
12 authorized by the sentencing court, and forfeits all public offices and all
13 private trusts, authority or power during such imprisonment: provided that any
14 such person may bring an action for damages or other relief in the courts of
15 this state or have an action brought against such person; and provided further
16 that any such person may lawfully exercise all civil rights that are not
17 political during any period of parole or probation, except the right to ship,
18 transport, possess or receive a firearm, and the right to refuse treatment
19 authorized by the sentencing court.
20 (2) Upon final discharge, a person convicted of any Idaho felony shall be
21 restored the full rights of citizenship, except that for persons convicted of
22 treason or those offenses enumerated in paragraphs (a) through (jj) of this
23 subsection the right to ship, transport, possess or receive a firearm shall
24 not be restored. As used in this subsection, "final discharge" means satisfac-
25 tory completion of imprisonment, probation and parole as the case may be.
26 (a) aggravated assault (18-905, 18-915, Idaho Code);
27 (b) aggravated battery (18-907, 18-915, Idaho Code);
28 (c) assault with intent to commit a serious felony (18-909, 18-915, Idaho
29 Code);
30 (d) battery with intent to commit a serious felony (18-911, 18-915, Idaho
31 Code);
32 (e) burglary (18-1401, Idaho Code);
33 (f) crime against nature (18-6605, Idaho Code);
34 (g) domestic battery, felony (18-918, Idaho Code);
35 (h) enticing of children, felony (18-1509, Idaho Code);
36 (i) forcible sexual penetration by use of a foreign object (18-6608,
37 Idaho Code);
38 (j) indecent exposure, felony (18-4116, Idaho Code);
39 (k) injury to child, felony (18-1501, Idaho Code);
40 (l) intimidating a witness, felony (18-2604, Idaho Code);
41 (m) lewd conduct with a minor or child under sixteen (18-1508, Idaho
42 Code);
43 (n) sexual abuse of a child under sixteen (18-1506, Idaho Code);
2
1 (o) sexual exploitation of a child (18-1507, Idaho Code);
2 (p) felonious rescuing prisoners (18-2501, Idaho Code);
3 (q) escape by one charged with, convicted of or on probation for a felony
4 (18-2505, Idaho Code);
5 (r) unlawful possession of a firearm (18-3316, Idaho Code);
6 (s) degrees of murder (18-4003, Idaho Code);
7 (t) voluntary manslaughter (18-4006(1), Idaho Code);
8 (u) assault with intent to murder (18-4015, Idaho Code);
9 (v) administering poison with intent to kill (18-4014, Idaho Code);
10 (w) kidnapping (18-4501, Idaho Code);
11 (x) mayhem (18-5001, Idaho Code);
12 (y) rape (18-6101, Idaho Code);
13 (z) male rape (18-6108, Idaho Code);
14 (aa) robbery (18-6501, Idaho Code);
15 (bb) ritualized abuse of a child (18-1506A, Idaho Code);
16 (cc) cannibalism (18-5003, Idaho Code);
17 (dd) felonious manufacture, delivery or possession with the intent to man-
18 ufacture or deliver, or possession of a controlled or counterfeit sub-
19 stance (37-2732, Idaho Code);
20 (ee) trafficking (37-2732B, Idaho Code);
21 (ff) threats against state officials of the executive, legislative or
22 judicial branch, felony (18-1353A, Idaho Code);
23 (gg) unlawful discharge of a firearm at a dwelling house, occupied build-
24 ing, vehicle or mobile home (18-3317, Idaho Code);
25 (hh) unlawful possession of destructive devices (18-3319, Idaho Code);
26 (ii) unlawful use of destructive device or bomb (18-3320, Idaho Code);
27 (jj) attempt (18-306, Idaho Code), conspiracy (18-1701, Idaho Code), or
28 solicitation (18-2001, Idaho Code), to commit any of the crimes described
29 in paragraphs (a) through (ii) of this subsection.
30 (kk) The provisions of this subsection shall apply only to those persons
31 convicted of the enumerated felonies in paragraphs (a) through (jj) of
32 this subsection on or after July 1, 1991, except that persons convicted of
33 the felonies enumerated in paragraphs (s) and (t) of this subsection, for
34 any degree of murder or voluntary manslaughter, shall not be restored the
35 right to ship, transport, possess or receive a firearm regardless of the
36 date of their conviction if the conviction was the result of an offense
37 committed by use of a firearm.
38 (3) A person not restored to the civil right to ship, transport, possess
39 or receive a firearm may make application to the commission of pardons and
40 parole to restore the civil right to ship, transport, possess or receive a
41 firearm. The commission shall not accept any such application until five (5)
42 years after the date of final discharge. The commission shall conduct the pro-
43 ceeding upon such application pursuant to rules adopted in accordance with the
44 law. The commission shall not restore the right to ship, transport, possess or
45 receive a firearm to any person convicted of murder in the first degree
46 (18-4003, Idaho Code), murder in the second degree (18-4003, Idaho Code), or
47 any felony enumerated in paragraphs (a) through (jj) of subsection (2) of this
48 section, upon which the sentence was enhanced for the use of a firearm during
49 the commission of said felony.
50 (4) Persons convicted of felonies in other states or jurisdictions shall
51 be allowed to register and vote in Idaho upon final discharge which means sat-
52 isfactory completion of imprisonment, probation and parole as the case may be.
53 These individuals shall not have the right restored to ship, transport, pos-
54 sess or receive a firearm, in the same manner as an Idaho felon as provided in
55 subsection (2) of this section.
STATEMENT OF PURPOSE
RS 13589
This legislation clarifies the restoration of voting rights of
persons convicted of a felony in another state or jurisdiction.
FISCAL IMPACT
This legislation will have no impact on the state general fund
and minimal impact to the counties
CONTACT
Name: Tim Hurst
Agency: Secretary of State
Phone 334-2852 H 564