2008 Legislation
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SENATE BILL NO. 1438<br /> – Conducted energy device, possessn

SENATE BILL NO. 1438

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Bill Status



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

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN 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.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved 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.".

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




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN 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 / Fiscal Impact


                      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