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S1136aa..............................................by JUDICIARY AND RULES
UNCLAIMED PROPERTY - Amends and repeals existing law to revise provisions
applicable to abandoned or unclaimed property in the possession of a
sheriff or city police department; and to revise provisions applicable to
the confiscating of firearms or ammunition.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
03/01 Rpt out - to 14th Ord
03/04 Rpt out amen - to engros
03/07 Rpt engros - 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 32-1-1, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk
NAYS -- Williams
Absent and excused -- Coiner, (District 21 seat vacant)
Floor Sponsor - Sweet
Title apvd - to House
03/11 House intro - 1st rdg - to Jud
03/18 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
Rls susp - PASSED - 58-2-10
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon,
Clark, Collins, Crow, Denney, Edmunson(Barker), Ellsworth, Field(18),
Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Kemp,
Lake, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Roberts,
Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker
NAYS -- LeFavour, Ringo
Absent and excused -- Black, Deal, Eskridge, Harwood, Mitchell, Ring,
Rusche, Schaefer, Smith(24), Wills
Floor Sponsor - Sali
Title apvd - to Senate
03/22 To enrol
03/23 Rpt enrol - Pres signed
03/24 Sp signed
03/25 To Governor
03/31 Governor signed
Session Law Chapter 217
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1136
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO PERSONAL PROPERTY; AMENDING SECTION 55-403, IDAHO CODE, TO REVISE
3 PROVISIONS APPLICABLE TO ABANDONED OR UNCLAIMED PROPERTY IN THE POSSESSION
4 OF A SHERIFF OR CITY POLICE DEPARTMENT; AND REPEALING SECTION 55-403A,
5 IDAHO CODE, RELATING TO THE DISPOSAL OF FIREARMS AND OTHER ITEMS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 55-403, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 55-403. ABANDONED OR UNCLAIMED PROPERTY IN POSSESSION OF SHERIFF OR CITY
10 POLICE DEPARTMENT -- SALE AT PUBLIC AUCTION. (1) Except as otherwise provided
11 in subsection (4) of this section, aAny personal property which may have has
12 come into the possession or custody of the sheriff of any county in this state
13 or the city police department of any city in this state by reason of the same
14 having been abandoned, or impounded, or otherwise left with the sheriff or
15 city police department, or if originally taken into custody under legal proc-
16 ess, such process property has been lawfully released or discharged from the
17 attachment or other process under which it was taken into custody and which
18 remains unclaimed or unredeemed by the owner or one entitled to possession
19 thereof for more than six (6) months from the date of such abandonment,
20 impoundment, leaving, or release from attachment or other process under which
21 the same was originally taken into custody, as the case may be, shall be sub-
22 ject to sale by the sheriff or city police department at public auction for
23 cash on not less than five (5) or more than ten (10) days' notice except as
24 otherwise provided in subsection (2) of this section, the conduct and notice
25 of which sale shall be given and had in conformity with sales on execution;
26 provided, however, that prior to public auction, bicycles need only be
27 unclaimed or unredeemed by the owner or one entitled to possession for more
28 than ninety (90) days and that personal property with a fair market value of
29 less than twenty-five dollars ($25.00) need only be unclaimed or unredeemed by
30 the owner or one entitled to possession for more than thirty (30) days.
31 (2) Further provided, that wWhenever the sheriff or city police depart-
32 ment has knowledge of the name and address of the owner or one entitled to
33 possession of personal property, a copy of such notice of sale at public auc-
34 tion as provided in subsection (1) or of a bid for sale as provided in subsec-
35 tion (4) of this section, shall be mailed to such owner or one entitled to
36 possession, with postage prepaid, at least five fourteen (514) days prior to
37 such sale.;
38 (3) Aas many items of personal property may be noticed for sale and sold
39 at the same sale as the sheriff or city police department may deem advisable,
40 and said property may be sold singly or in lots or as a whole as the sheriff
41 or city police department may determine. The sheriff or city police department
42 shall give a bill of sale to the highest bidder upon payment of the amount bid
43 upon payment of the bid price.
2
1 (4) (a) Any firearm that may be lawfully possessed by a licensed firearm
2 dealer and which has come into the possession or custody of the sheriff of
3 any county in this state or the city police department of any city in this
4 state by reason of the firearm having been abandoned, impounded or other-
5 wise acquired by the sheriff or city police department, or if originally
6 taken into custody under legal process, such firearm has been lawfully
7 released or discharged from the attachment or other process under which it
8 was taken into custody and which remains unclaimed or unredeemed by the
9 owner or person entitled to possession thereof for more than six (6)
10 months from the date of such abandonment, impoundment, leaving or release
11 from attachment or other process under which the firearm was originally
12 taken into custody, as the case may be, shall be subject to sale to a
13 licensed firearm dealer by sealed or opened bids after notification as
14 provided in subsection (2) of this section.
15 (b) If no sale is completed for the firearm as provided in paragraph (a)
16 of this subsection, the firearm may be converted to public agency owner-
17 ship for official law enforcement purposes provided an actual or appraised
18 value is determined for each firearm converted. If the firearm is not con-
19 verted, or if following conversion the firearm is deemed unusable or
20 unsafe, the firearm may be scrapped by melting or other method of destruc-
21 tion. The public agency shall maintain procedures and records as to the
22 acquisition, serial number, location, use and final disposition of the
23 firearm.
24 (5) Any public agency that confiscates a firearm shall maintain a serial
25 number record, including a record of the acquisition and disposition, of such
26 firearm and shall provide the firearm to the sheriff or city police department
27 in the county or city in which the confiscation takes place. The firearm shall
28 thereafter be handled in accordance with the provisions of this section.
29 SECTION 2. That Section 55-403A, Idaho Code, be, and the same is hereby
30 repealed.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Sweet
Seconded by Darrington
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1136
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, delete lines 1 through 16 and insert:
3 "(4) (a) Any firearm or ammunition that meets the established specifica-
4 tions for official law enforcement duty use and will be used for official
5 law enforcement duty use and which has come into the possession or custody
6 of the sheriff of any county in this state or the city police department
7 of any city in this state by reason of the firearm or ammunition having
8 been abandoned, impounded or otherwise acquired by the sheriff or city
9 police department, or if originally released or discharged from the
10 attachment or other process under which it was taken into custody and
11 which remains unclaimed or unredeemed by the owner or person entitled to
12 possession thereof for more than six (6) months from the date of such
13 abandonment, impoundment, leaving or release from attachment or other
14 process under which the firearm or ammunition was originally taken into
15 custody, as the case may be, may be converted by the county sheriff or
16 city police department in the county or city in which it was first
17 acquired. A serial number record shall be maintained for all firearms thus
18 converted, and such record shall include the description, acquisition and
19 disposition for each firearm converted.
20 (b) Any firearm or ammunition not converted for official law enforcement
21 duty use as provided in subsection (4)(a) of this section, where such
22 firearm or ammunition may be lawfully possessed by a licensed firearm
23 dealer, shall be subject to sale to a licensed firearm dealer by sealed or
24 opened bids after notification as provided in subsection (2) of this sec-
25 tion. If no sale is completed for the firearm or ammunition pursuant to
26 this paragraph (b), the firearm or ammunition may be converted to public
27 agency owner-";
28 in line 18, following "each firearm" insert: "or any ammunition"; and also in
29 line 18, following "the firearm" insert: "or ammunition"; in line 19, follow-
30 ing "firearm" insert: "or ammunition"; in line 20, following "firearm" insert:
31 "or ammunition"; and following line 23 insert:
32 "(c) Notwithstanding any other provision of law, a court shall direct the
33 county sheriff or city police department to dispose of any firearm that
34 has been used in the commission of a homicide in a manner the sheriff or
35 city police department deems appropriate, provided however, this paragraph
36 (c) shall not apply to a firearm confiscated or otherwise acquired pursu-
37 ant to an action under section 18-4009, 18-4011 or 18-4012, Idaho Code.".
38 AMENDMENTS TO THE BILL
39 On page 1, following line 6 insert:
40 "SECTION 1. That Section 19-3807, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 19-3807. CONFISCATION OF FIREARMS, EXPLOSIVES OR CONTRABAND UPON CONVIC-
2
1 TION. (1) At the time any person is convicted of a felony in any court of the
2 state of Idaho, firearms, ammunition, bombs, nitroglycerin, or explosives of
3 any nature, including illegal fireworks, or any other deadly weapons or con-
4 traband of any kind found in his possession or under his control at the time
5 of his arrest may be confiscated and disposed of in accordance with the order
6 of the court before which such person was tried. "Contraband" as used in this
7 section shall mean any personal property, possession of which is illegal under
8 the laws of the state of Idaho or the United States.
9 (2) Notice of confiscation proceedings shall be given to each owner or
10 person who is believed to have an interest in the property in question by
11 serving a copy of the state's motion describing the property with a notice of
12 hearing on the motion as follows:
13 (a) Upon each owner or interested party whose name and address is known,
14 by mailing a copy of the state's motion to confiscate and notice of hear-
15 ing by certified mail to the owner or party's last known address, or to
16 his attorney;
17 (b) Upon all other owners or interested parties whose addresses are
18 unknown, but who are believed to have an interest in the property, by pub-
19 lishing one (1) notice in a newspaper of general circulation in the county
20 where the property was seized.
21 (3) Within twenty (20) days after the mailing or publication of the
22 notice, the owner of the property in question and any other interested party
23 may file with the court a claim to the property described in the motion to
24 confiscate.
25 (4) If one (1) or more claims are filed, the confiscation proceeding
26 shall be set for hearing at least thirty (30) days after the last timely claim
27 is filed.
28 (5) At the confiscation hearing any person who has filed a timely claim
29 may show by competent evidence that the property in question was not in the
30 possession or control of the defendant at the time of his arrest or that the
31 owner is innocent of any involvement in the acts which led to the defendant's
32 arrest, in which case the court may return the property to the owner or inter-
33 ested person or order any other disposition which is appropriate under the
34 circumstances.
35 (6) If no claim has been filed within twenty (20) days after the state's
36 motion to confiscate and notice of hearing has been mailed or published, the
37 court shall hear evidence concerning the defendant's possession and control of
38 the property in question at the time of arrest. If it finds that the property
39 was in the defendant's possession and control at the time of arrest or, if
40 pursuant to subsection (5) above of this section, the court rejects any claim
41 which has been filed, the court may direct the delivery to the law enforcement
42 agency which apprehended the defendant, for its use or for any other disposi-
43 tion in its discretion or, in the case of a firearm or ammunition, the court
44 shall direct the delivery to the law enforcement agency which apprehended the
45 defendant for disposition in accordance with section 55-403(4), Idaho Code.";
46 on page 1, in line 7, delete "SECTION 1" and insert: "SECTION 2"; and on page
47 2, in line 29, delete "SECTION 2" and insert: "SECTION 3".
48 CORRECTION TO TITLE
49 On page 1, in line 2, following "PROPERTY;" insert: "AMENDING SECTION
50 19-3807, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE CONFISCATION OF
51 FIREARMS OR AMMUNITION AND TO MAKE TECHNICAL CORRECTIONS;".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1136, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO PERSONAL PROPERTY; AMENDING SECTION 19-3807, IDAHO CODE, TO REVISE
3 PROVISIONS APPLICABLE TO THE CONFISCATION OF FIREARMS OR AMMUNITION AND TO
4 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 55-403, IDAHO CODE, TO REVISE
5 PROVISIONS APPLICABLE TO ABANDONED OR UNCLAIMED PROPERTY IN THE POSSESSION
6 OF A SHERIFF OR CITY POLICE DEPARTMENT; AND REPEALING SECTION 55-403A,
7 IDAHO CODE, RELATING TO THE DISPOSAL OF FIREARMS AND OTHER ITEMS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 19-3807, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 19-3807. CONFISCATION OF FIREARMS, EXPLOSIVES OR CONTRABAND UPON CONVIC-
12 TION. (1) At the time any person is convicted of a felony in any court of the
13 state of Idaho, firearms, ammunition, bombs, nitroglycerin, or explosives of
14 any nature, including illegal fireworks, or any other deadly weapons or con-
15 traband of any kind found in his possession or under his control at the time
16 of his arrest may be confiscated and disposed of in accordance with the order
17 of the court before which such person was tried. "Contraband" as used in this
18 section shall mean any personal property, possession of which is illegal under
19 the laws of the state of Idaho or the United States.
20 (2) Notice of confiscation proceedings shall be given to each owner or
21 person who is believed to have an interest in the property in question by
22 serving a copy of the state's motion describing the property with a notice of
23 hearing on the motion as follows:
24 (a) Upon each owner or interested party whose name and address is known,
25 by mailing a copy of the state's motion to confiscate and notice of hear-
26 ing by certified mail to the owner or party's last known address, or to
27 his attorney;
28 (b) Upon all other owners or interested parties whose addresses are
29 unknown, but who are believed to have an interest in the property, by pub-
30 lishing one (1) notice in a newspaper of general circulation in the county
31 where the property was seized.
32 (3) Within twenty (20) days after the mailing or publication of the
33 notice, the owner of the property in question and any other interested party
34 may file with the court a claim to the property described in the motion to
35 confiscate.
36 (4) If one (1) or more claims are filed, the confiscation proceeding
37 shall be set for hearing at least thirty (30) days after the last timely claim
38 is filed.
39 (5) At the confiscation hearing any person who has filed a timely claim
40 may show by competent evidence that the property in question was not in the
41 possession or control of the defendant at the time of his arrest or that the
42 owner is innocent of any involvement in the acts which led to the defendant's
43 arrest, in which case the court may return the property to the owner or inter-
2
1 ested person or order any other disposition which is appropriate under the
2 circumstances.
3 (6) If no claim has been filed within twenty (20) days after the state's
4 motion to confiscate and notice of hearing has been mailed or published, the
5 court shall hear evidence concerning the defendant's possession and control of
6 the property in question at the time of arrest. If it finds that the property
7 was in the defendant's possession and control at the time of arrest or, if
8 pursuant to subsection (5) above of this section, the court rejects any claim
9 which has been filed, the court may direct the delivery to the law enforcement
10 agency which apprehended the defendant, for its use or for any other disposi-
11 tion in its discretion or, in the case of a firearm or ammunition, the court
12 shall direct the delivery to the law enforcement agency which apprehended the
13 defendant for disposition in accordance with section 55-403(4), Idaho Code.
14 SECTION 2. That Section 55-403, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 55-403. ABANDONED OR UNCLAIMED PROPERTY IN POSSESSION OF SHERIFF OR CITY
17 POLICE DEPARTMENT -- SALE AT PUBLIC AUCTION. (1) Except as otherwise provided
18 in subsection (4) of this section, aAny personal property which may have has
19 come into the possession or custody of the sheriff of any county in this state
20 or the city police department of any city in this state by reason of the same
21 having been abandoned, or impounded, or otherwise left with the sheriff or
22 city police department, or if originally taken into custody under legal proc-
23 ess, such process property has been lawfully released or discharged from the
24 attachment or other process under which it was taken into custody and which
25 remains unclaimed or unredeemed by the owner or one entitled to possession
26 thereof for more than six (6) months from the date of such abandonment,
27 impoundment, leaving, or release from attachment or other process under which
28 the same was originally taken into custody, as the case may be, shall be sub-
29 ject to sale by the sheriff or city police department at public auction for
30 cash on not less than five (5) or more than ten (10) days' notice except as
31 otherwise provided in subsection (2) of this section, the conduct and notice
32 of which sale shall be given and had in conformity with sales on execution;
33 provided, however, that prior to public auction, bicycles need only be
34 unclaimed or unredeemed by the owner or one entitled to possession for more
35 than ninety (90) days and that personal property with a fair market value of
36 less than twenty-five dollars ($25.00) need only be unclaimed or unredeemed by
37 the owner or one entitled to possession for more than thirty (30) days.
38 (2) Further provided, that wWhenever the sheriff or city police depart-
39 ment has knowledge of the name and address of the owner or one entitled to
40 possession of personal property, a copy of such notice of sale at public auc-
41 tion as provided in subsection (1) or of a bid for sale as provided in subsec-
42 tion (4) of this section, shall be mailed to such owner or one entitled to
43 possession, with postage prepaid, at least five fourteen (514) days prior to
44 such sale.;
45 (3) Aas many items of personal property may be noticed for sale and sold
46 at the same sale as the sheriff or city police department may deem advisable,
47 and said property may be sold singly or in lots or as a whole as the sheriff
48 or city police department may determine. The sheriff or city police department
49 shall give a bill of sale to the highest bidder upon payment of the amount bid
50 upon payment of the bid price.
51 (4) (a) Any firearm or ammunition that meets the established specifica-
52 tions for official law enforcement duty use and will be used for official
53 law enforcement duty use and which has come into the possession or custody
3
1 of the sheriff of any county in this state or the city police department
2 of any city in this state by reason of the firearm or ammunition having
3 been abandoned, impounded or otherwise acquired by the sheriff or city
4 police department, or if originally released or discharged from the
5 attachment or other process under which it was taken into custody and
6 which remains unclaimed or unredeemed by the owner or person entitled to
7 possession thereof for more than six (6) months from the date of such
8 abandonment, impoundment, leaving or release from attachment or other
9 process under which the firearm or ammunition was originally taken into
10 custody, as the case may be, may be converted by the county sheriff or
11 city police department in the county or city in which it was first
12 acquired. A serial number record shall be maintained for all firearms thus
13 converted, and such record shall include the description, acquisition and
14 disposition for each firearm converted.
15 (b) Any firearm or ammunition not converted for official law enforcement
16 duty use as provided in subsection (4)(a) of this section, where such
17 firearm or ammunition may be lawfully possessed by a licensed firearm
18 dealer, shall be subject to sale to a licensed firearm dealer by sealed or
19 opened bids after notification as provided in subsection (2) of this sec-
20 tion. If no sale is completed for the firearm or ammunition pursuant to
21 this paragraph (b), the firearm or ammunition may be converted to public
22 agency ownership for official law enforcement purposes provided an actual
23 or appraised value is determined for each firearm or any ammunition con-
24 verted. If the firearm or ammunition is not converted, or if following
25 conversion the firearm or ammunition is deemed unusable or unsafe, the
26 firearm or ammunition may be scrapped by melting or other method of
27 destruction. The public agency shall maintain procedures and records as to
28 the acquisition, serial number, location, use and final disposition of the
29 firearm.
30 (c) Notwithstanding any other provision of law, a court shall direct the
31 county sheriff or city police department to dispose of any firearm that
32 has been used in the commission of a homicide in a manner the sheriff or
33 city police department deems appropriate, provided however, this paragraph
34 (c) shall not apply to a firearm confiscated or otherwise acquired pursu-
35 ant to an action under section 18-4009, 18-4011 or 18-4012, Idaho Code.
36 (5) Any public agency that confiscates a firearm shall maintain a serial
37 number record, including a record of the acquisition and disposition, of such
38 firearm and shall provide the firearm to the sheriff or city police department
39 in the county or city in which the confiscation takes place. The firearm shall
40 thereafter be handled in accordance with the provisions of this section.
41 SECTION 3. That Section 55-403A, Idaho Code, be, and the same is hereby
42 repealed.
STATEMENT OF PURPOSE
RS 14985
The purpose of this proposed legislation is to provide a uniform
statewide method dealing with abandoned or unclaimed property in
the possession of a sheriff or city police department. This bill
also provides a uniform statewide method for the acquisition and
disposition of firearms that are confiscated by any public agency
in Idaho.
FISCAL IMPACT
No fiscal impact to the general fund.
Contact
Sen. Gerry Sweet, 332-1355
Sen. Tim Corder, 332-1342
STATEMENT OF PURPOSE / FISCAL IMPACT S 1136