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H0630aa..............................by JUDICIARY, RULES AND ADMINISTRATION
SCHOOL GROUNDS - VIOLENCE - Adds to existing law to provide that a person
who willfully threatens to commit a violent act on school grounds by use of
a firearm or other deadly or dangerous weapon is guilty of a misdemeanor;
and to define terms.
02/10 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
02/20 Rpt out - to Gen Ord
02/28 Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/06 3rd rdg as amen - PASSED - 49-12-9
AYES -- Anderson, Andrus, Barraclough, Bastian, Bell, Bilbao, Block,
Bolz, Brackett, Bradford, Cannon, Chadderdon, Collins, Denney,
Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
Henbest, Henderson, Jaquet, Kemp, Lake, Martinez, McGeachin, Miller,
Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring,
Roberts, Rusche, Rydalch, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills
NAYS -- Barrett, Bayer, Crow, Hart, Harwood, LeFavour, Loertscher,
Mathews, McKague, Ringo, Sali, Wood
Absent and excused -- Bedke, Black, Boe, Clark, Deal, Moyle, Sayler,
Schaefer, Mr. Speaker
Floor Sponsor - Jaquet
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Jud
03/22 Rpt out - rec d/p - to 2nd rdg
03/23 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 31-4-0
AYES -- Andreason, Broadsword, Bunderson, Burkett(Clark), Burtenshaw,
Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai, Marley, McGee, Pearce, Richardson, Schroeder, Stegner,
Stennett, Werk, Williams
NAYS -- Brandt, Fulcher, McKenzie, Sweet
Absent and excused -- None
Floor Sponsors - Bunderson & Marley
Title apvd - to House
03/29 To enrol
03/30 Rpt enrol - Sp signed
03/31 Pres signed - To Governor
03/31 Governor signed
Session Law Chapter 303
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 630
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THREATS OF VIOLENCE; AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 18-3302I, IDAHO CODE, TO PROVIDE THAT ANY
4 PERSON WHO WILLFULLY THREATENS TO COMMIT AN ACT OF VIOLENCE ON SCHOOL
5 GROUNDS BY USE OF A FIREARM OR OTHER DEADLY OR DANGEROUS WEAPON IS GUILTY
6 OF A MISDEMEANOR AND TO DEFINE TERMS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 33, Title 18, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 18-3302I, Idaho Code, and to read as follows:
11 18-3302I. THREATENING VIOLENCE ON SCHOOL GROUNDS.
12 (1) (a) Any person, including a student, who willfully threatens by word
13 or act to use a firearm or other deadly or dangerous weapon to do violence
14 to any other person on school grounds is guilty of a misdemeanor.
15 (b) The threats prohibited by this section encompass only those state-
16 ments or acts where the speaker or actor intends to communicate a serious
17 expression of an intent to commit an act of unlawful violence to a partic-
18 ular individual or group of individuals. The prosecution is not required
19 to prove that the defendant actually intended to carry out the threat.
20 (2) Definitions. As used in this section:
21 (a) "Deadly or dangerous weapon" means a weapon, device, instrument,
22 material or substance that is used for, or is readily capable of, causing
23 death or serious bodily injury;
24 (b) "Firearm" means any weapon, whether loaded or unloaded, from which a
25 shot, projectile or other object may be discharged by force of combustion,
26 explosive, gas and/or mechanical means, regardless of whether such weapon
27 is operable;
28 (c) "On school grounds" means in, or on the property of, a public or pri-
29 vate elementary or secondary school.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Jaquet
Seconded by Field (18)
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 630
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 12, following "threatens" insert:
3 "on school grounds".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 630, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THREATS OF VIOLENCE; AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 18-3302I, IDAHO CODE, TO PROVIDE THAT ANY
4 PERSON WHO WILLFULLY THREATENS TO COMMIT AN ACT OF VIOLENCE ON SCHOOL
5 GROUNDS BY USE OF A FIREARM OR OTHER DEADLY OR DANGEROUS WEAPON IS GUILTY
6 OF A MISDEMEANOR AND TO DEFINE TERMS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 33, Title 18, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 18-3302I, Idaho Code, and to read as follows:
11 18-3302I. THREATENING VIOLENCE ON SCHOOL GROUNDS.
12 (1) (a) Any person, including a student, who willfully threatens on
13 school grounds by word or act to use a firearm or other deadly or danger-
14 ous weapon to do violence to any other person on school grounds is guilty
15 of a misdemeanor.
16 (b) The threats prohibited by this section encompass only those state-
17 ments or acts where the speaker or actor intends to communicate a serious
18 expression of an intent to commit an act of unlawful violence to a partic-
19 ular individual or group of individuals. The prosecution is not required
20 to prove that the defendant actually intended to carry out the threat.
21 (2) Definitions. As used in this section:
22 (a) "Deadly or dangerous weapon" means a weapon, device, instrument,
23 material or substance that is used for, or is readily capable of, causing
24 death or serious bodily injury;
25 (b) "Firearm" means any weapon, whether loaded or unloaded, from which a
26 shot, projectile or other object may be discharged by force of combustion,
27 explosive, gas and/or mechanical means, regardless of whether such weapon
28 is operable;
29 (c) "On school grounds" means in, or on the property of, a public or pri-
30 vate elementary or secondary school.
REPRINT REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 15943
This legislation will criminalize acts in the form of a
misdemeanor committed by any person on school grounds, including
pupils, relating to serious threats of violence towards any
person in or on school property using deadly or dangerous weapons
and/or firearms.
FISCAL NOTE
No impact to the general fund.
Contact
Name: Rep. Wendy Jaquet
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 630