SENATE BILL NO. 1032

2007 Legislation

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SENATE BILL NO. 1032 – Firearms, unlawful discharge, pnlty

View Statement of Purpose / Fiscal Impact

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Bill Status


S1032................................................by JUDICIARY AND RULES
FIREARMS - Amends existing law relating to the unlawful discharge of
firearms  to provide penalties.
                                                                        
01/18    Senate intro - 1st rdg - to printing
01/19    Rpt prt - to Jud
02/08    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 32-2-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Lodge,
      Malepeai, McGee, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
      Stegner, Stennett, Werk
      NAYS -- Burkett, McKague
      Absent and excused -- Little
    Floor Sponsors - Lodge & McGee
    Title apvd - to House
02/14    House intro - 1st rdg - to Jud
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 70-0-0
      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, Henbest, 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. Speaker
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Shirley
    Title apvd - to Senate
02/28    To enrol
03/01    Rpt enrol - Pres signed
03/02    Sp signed
03/05    To Governor
03/08    Governor signed
         Session Law Chapter 42
         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. 1032
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO UNLAWFUL DISCHARGE OF A FIREARM; AMENDING SECTION  18-3317,  IDAHO
  3        CODE, TO PROVIDE PENALTY PROVISIONS.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section 18-3317, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        18-3317.  UNLAWFUL DISCHARGE OF A FIREARM AT A  DWELLING  HOUSE,  OCCUPIED
  8    BUILDING,  VEHICLE  OR  MOBILE  HOME.  It  shall be unlawful for any person to
  9    intentionally and unlawfully discharge a  firearm  at  an  inhabited  dwelling
 10    house,  occupied  building,  occupied  motor  vehicle,  inhabited mobile home,
 11    inhabited travel trailer, or inhabited camper. Any person violating the provi-
 12    sions of this section shall be guilty of a felony, punishable by  imprisonment
 13    in the state prison for a term not to exceed fifteen (15) years.
 14        As used in this section, "inhabited" means currently being used for dwell-
 15    ing purposes, whether occupied or not.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 16662

The purpose of this legislation is to amend Idaho's current
Unlawful Discharge of a Firearm Statute, Idaho Code 18-3317, to
increase the maximum possible penalty to fifteen (15) years
imprisonment.

The intentional and unlawful discharge of a firearm at an
inhabited dwelling house or occupied motor vehicle, or as it is
commonly called "a drive-by-shooting," is extremely dangerous
conduct.  The maximum period of incarceration currently allowed
under the law is five (5) years.  This legislation will increase
the discretionary penalty and provide judges with the ability to
require a defendant to be supervised in the community for a
longer period of time after a term of incarceration has been
served. Further, this legislation creates additional deterrence
and greater protection of the community.


                           FISCAL NOTE

The fiscal impact is difficult to determine with certainty,
as it will depend upon the number of offenders charged with,
convicted of and sentenced to an increased period of
incarceration in prison.  The potential impact to the general
fund would be equal to the cost of a longer term of prison
incarceration for those offenders charged, convicted and 
sentenced to prison.



Contact
Name: Heather Reilly, Idaho Prosecuting Attorney's Association 
Phone: 208-287-7700


STATEMENT OF PURPOSE/FISCAL NOTE                      S 1032