View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
S1438aa..............................................by JUDICIARY AND RULES
CONDUCTED ENERGY DEVICE - Adds to existing law relating to crimes and
punishments to prohibit certain individuals from possessing a conducted
energy device; to provide that use of a conducted energy device during the
commission of a felony shall constitute a separate offense; to provide for
enhanced penalties; to provide for separate and consecutive sentences; and
to define a term.
02/21 Senate intro - 1st rdg - to printing
02/22 Rpt prt - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/03 To 14th Ord
03/06 Rpt out amen - to engros
03/07 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon
Floor Sponsors - Jorgenson & Richardson
Title apvd - to House
03/12 House intro - 1st rdg - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/25 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, Mortimer, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts, Rusche,
Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively,
Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Trail,
Vander Woude, Wills, Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Chavez, McGeachin, Moyle, Ruchti,
Wood(27)
Floor Sponsor - Wills
Title apvd - to Senate - to enrol
03/26 Rpt enrol - Pres signed - Sp signed
03/27 To Governor
04/01 Governor signed
Session Law Chapter 333
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1438 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMES AND PUNISHMENTS; AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 18-3325, IDAHO CODE, TO PROHIBIT CERTAIN 4 INDIVIDUALS FROM POSSESSING A CONDUCTED ENERGY DEVICE, TO PROVIDE THAT USE 5 OF A CONDUCTED ENERGY DEVICE DURING THE COMMISSION OF A FELONY SHALL CON- 6 STITUTE A SEPARATE OFFENSE, TO PROVIDE FOR ENHANCED PENALTIES, TO PROVIDE 7 FOR SEPARATE AND CONSECUTIVE SENTENCES, AND TO DEFINE A TERM. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 33, Title 18, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 18-3325, Idaho Code, and to read as follows: 12 18-3325. PROHIBITION -- POSSESSION -- USE OF CONDUCTED ENERGY DEVICE -- 13 PENALTIES. (1) It shall be a misdemeanor to possess a conducted energy device 14 if a person: 15 (a) Is formally charged with a crime punishable by imprisonment for a 16 term exceeding one (1) year; or 17 (b) Has been adjudicated guilty in a court of a crime punishable by 18 imprisonment for a term exceeding one (1) year; or 19 (c) Is a fugitive from justice; or 20 (d) Is an unlawful user of, or addicted to, marijuana or any depressant, 21 stimulant or narcotic drug, or any other controlled substance as defined 22 in 21 U.S.C. section 802; or 23 (e) Is currently suffering from or has been adjudicated as follows: 24 (i) Lacking mental capacity as defined in section 18-210, Idaho 25 Code; or 26 (ii) Mentally ill as defined in section 66-317, Idaho Code; or 27 (iii) Gravely disabled as defined in section 66-317, Idaho Code; or 28 (iv) An incapacitated person as defined in section 15-5-101(a), 29 Idaho Code; or 30 (f) Is or has been adjudicated guilty of or received a withheld judgment 31 or suspended sentence for one (1) or more crimes of violence constituting 32 a misdemeanor, unless a period of three (3) years has elapsed since dispo- 33 sition or pardon has occurred; or 34 (g) Is an alien illegally in the United States; or 35 (h) Is a person who, having been a citizen of the United States, has 36 renounced his or her citizenship; or 37 (i) Is under eighteen (18) years of age; or 38 (j) Is free on bond or personal recognizance pending trial, appeal or 39 sentencing for one (1) or more crimes of violence constituting a misde- 40 meanor; or 41 (k) Is subject to a protection order issued under chapter 63, title 39, 42 Idaho Code, that restrains the person from harassing, stalking or threat- 43 ening an intimate partner of the person or child of the intimate partner 2 1 or person, or engaging in other conduct that would place an intimate part- 2 ner in reasonable fear of bodily injury to the partner or child. 3 (2) Use of a conducted energy device during the commission of a felony 4 offense shall constitute a separate felony offense. 5 (3) Use of a conducted energy device during the commission of any of the 6 following misdemeanor crimes of violence: sections 18-901, 18-903, 18-917 or 7 18-918, Idaho Code, shall result in double the penalties provided for in Idaho 8 Code regarding those crimes. 9 (4) A sentence imposed for a violation of the provisions of this section 10 shall be imposed separate from and consecutive to the sentence for any offense 11 based on the act establishing the offense under this section. 12 (5) For purposes of this section, "conducted energy device" means any 13 item that emits an electrical current, impulse, wave or beam, which current, 14 impulse, wave or beam is designed to incapacitate, injure or kill.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Davis Seconded by Darrington IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1438 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, delete line 14 and insert: "by:"; and 3 delete lines 15 through 43, and on page 2, delete lines 1 and 2 and insert: 4 "(a) Any person found guilty of a felony who is not finally discharged 5 from a sentence of imprisonment, probation or parole; or 6 (b) Any person who, having been found guilty of a felony, has not had his 7 or her civil right to ship, transport, possess or receive a firearm 8 restored.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1438, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMES AND PUNISHMENTS; AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 18-3325, IDAHO CODE, TO PROHIBIT CERTAIN 4 INDIVIDUALS FROM POSSESSING A CONDUCTED ENERGY DEVICE, TO PROVIDE THAT USE 5 OF A CONDUCTED ENERGY DEVICE DURING THE COMMISSION OF A FELONY SHALL CON- 6 STITUTE A SEPARATE OFFENSE, TO PROVIDE FOR ENHANCED PENALTIES, TO PROVIDE 7 FOR SEPARATE AND CONSECUTIVE SENTENCES, AND TO DEFINE A TERM. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 33, Title 18, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 18-3325, Idaho Code, and to read as follows: 12 18-3325. PROHIBITION -- POSSESSION -- USE OF CONDUCTED ENERGY DEVICE -- 13 PENALTIES. (1) It shall be a misdemeanor to possess a conducted energy device 14 by: 15 (a) Any person found guilty of a felony who is not finally discharged 16 from a sentence of imprisonment, probation or parole; or 17 (b) Any person who, having been found guilty of a felony, has not had his 18 or her civil right to ship, transport, possess or receive a firearm 19 restored. 20 (2) Use of a conducted energy device during the commission of a felony 21 offense shall constitute a separate felony offense. 22 (3) Use of a conducted energy device during the commission of any of the 23 following misdemeanor crimes of violence: sections 18-901, 18-903, 18-917 or 24 18-918, Idaho Code, shall result in double the penalties provided for in Idaho 25 Code regarding those crimes. 26 (4) A sentence imposed for a violation of the provisions of this section 27 shall be imposed separate from and consecutive to the sentence for any offense 28 based on the act establishing the offense under this section. 29 (5) For purposes of this section, "conducted energy device" means any 30 item that emits an electrical current, impulse, wave or beam, which current, 31 impulse, wave or beam is designed to incapacitate, injure or kill.
STATEMENT OF PURPOSE
RS 17947C1
The purpose of this bill is to prohibit certain persons
from possessing energy conducting weapons (often called tasers
or stun guns). The bill is based on the concealed weapons
laws that prohibit felons, fugitives, mentally unstable
persons, drug users etc, minors and illegal aliens from
possessing concealed weapons. In addition, it makes the use
of such energy conducting devices in the commission of a
felony, a separate felony. Finally, it doubles the penalty
for assault and battery, hazing and domestic violence when the
person uses an energy conducted device in the commission of
such offense.
FISCAL IMPACT
There will be no impact on the general fund of the state
as a result of this bill.
CONTACT: Michael J. Kane, Idaho Sheriffs Association
Phone: 342-4545
Senator Denton Darrington
Phone: 332-1317
STATEMENT OF PURPOSE/FISCAL NOTE S 1438