2006 Legislation
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HOUSE BILL NO. 630 – School grounds, violence threatened

HOUSE BILL NO. 630

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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.

Statement of Purpose / Fiscal Impact


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                       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