2007 Legislation
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SENATE BILL NO. 1007 – Firearm, discharge at person, pnlty


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Bill Status

S1007................................................by JUDICIARY AND RULES
FIREARMS - Amends existing law relating to firearms to revise a penalty for
the discharge of arms aimed at another person.
01/15    Senate intro - 1st rdg - to printing
01/16    Rpt prt - to Jud
01/22    Rpt out - rec d/p - to 2nd rdg
01/23    2nd rdg - to 3rd rdg
01/24    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Kelly, Langhorst, Little, Lodge, Malepeai,
      McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
      Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Burkett, Jorgenson, Keough
    Floor Sponsor - Richardson
    Title apvd - to House
01/25    House intro - 1st rdg - to Jud
02/01    Rpt out - rec d/p - to 2nd rdg
02/02    2nd rdg - to 3rd rdg
02/06    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      NAYS -- None
      Absent and excused -- Henbest
    Floor Sponsors - Hart & Luker
    Title apvd - to Senate
02/07    To enrol
02/08    Rpt enrol - Pres signed
02/09    Sp signed
02/12    To Governor
02/14    Governor signed
         Session Law Chapter 7
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                                    SENATE BILL NO. 1007
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  3        ALTY.
  4    Be It Enacted by the Legislature of the State of Idaho:
  5        SECTION  1.  That  Section 18-3305, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
  7        18-3305.  DISCHARGE OF ARMS AIMED AT ANOTHER. Any person  who  shall  dis-
  8    charge,  without injury to any person, any firearm, while intentionally, with-
  9    out malice, aimed at or toward any person, shall be guilty of  a  misdemeanor,
 10    and  shall  be  liable  to  a  fine of not less more than one thousand dollars
 11    ($1,000), or imprisonment in the county jail not to exceed six (6) months,  or
 12    both, at the discretion of the court.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE

                          RS 16583

       This bill is one of a series of bills that the Supreme
  Court has recommended in its annual report to the Governor
  concerning defects or omissions in the laws, as required
  under article V, section 25 of the Idaho Constitution.  In
  2005, the general fine for misdemeanors was raised from $300
  to $1,000.  In 2006, HB 629 increased the fines for twenty
  misdemeanors not covered by the previous year's bill to
  $1,000.  Idaho Code  18-3305, pertaining to discharge of a
  firearm aimed at another, had previously provided that a
  person committing the offense was to pay a fine of "not less
  than $100.00."  It was intended that this statute be amended
  to state that the fine would be not more than $1,000.  HB
  629 substituted $1,000 for $100, but did not substitute
  "more" for "less."  As a result of this error, the statute
  now requires a fine of "not less than one thousand dollars
  ($1,000)."  This bill would correct this by providing that
  the maximum fine is not more than $1,000.

                        FISCAL NOTE

  This bill would have no impact on the general fund.

  Contact Person:
  Patricia Tobias
  Administrative Director of the Courts
  (208) 334-2246                                  S 1007   
  REVISED                 REVISED                REVISED