2004 Legislation
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HOUSE BILL NO. 564 – Felony convictn/rights restored


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Bill Status

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.
      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

Bill Text

  ]]]]              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
  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);
  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 / Fiscal Impact

                     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
Name:     Tim Hurst
Agency:   Secretary of State
Phone     334-2852                           H 564